08/21/2025
-- FOR IMMEDIATE RELEASE --
August 21, 2025
LuPardus v. City of Gardner, Kansas: Court Reconsiders Dismissal After New Evidence Reveals City Misled Court on Service of Process: City of Gardner, KS Government — "Today, in a pivotal hearing in LuPardus v. City of Gardner, Kansas, plaintiff Lonnie LuPardus, representing himself, successfully revived his civil rights case after presenting new evidence showing that the City misled the Court about its mail-handling procedures.
The case had previously been dismissed when the City argued that LuPardus failed to properly serve the lawsuit. The City’s attorneys claimed that front desk staff at City Hall were not authorized to accept service for the City Clerk, and therefore, service was defective.
At today’s hearing, however, LuPardus produced a recorded statement from City Clerk Renee Rich, in which she confirmed that:
- All certified and legal mail addressed to the Clerk is received at the Utilities Department front desk;
- Front desk staff are expressly authorized to sign for and accept mail on behalf of the Clerk;
- Once received, legal documents are delivered to the Clerk’s office through internal routing.
This directly contradicted the defense’s earlier assertions. By demonstrating that the lawsuit had in fact been properly served, LuPardus established that the City obtained dismissal by relying on misleading representations about its own internal mail procedures.
Courtroom Dynamics: Observers noted that the ruling in favor of LuPardus’ position was a remarkable moment. As Judge Robert Wonnell signaled agreement with the pro se litigant’s argument, City’s attorney Connor Russo appeared visibly concerned and unsettled, recognizing that the City had lost an important procedural battle to a self-represented plaintiff.
The exchange underscored both the strength of LuPardus’ preparation and the weakness of the City’s position, which had rested on a claim now disproven by the City Clerk’s own admissions.
***Implications Moving Forward***
Today’s outcome is significant: The dismissal of the case is subject to reversal, clearing the way for LuPardus’ claims of wrongful arrest, malicious prosecution, and civil rights violations to be heard on their merits. The City of Gardner has been placed on notice that procedural maneuvers and misleading statements will not shield it from accountability. The case may again be removed to federal court, but with the service dispute resolved, the City will have to defend against the substance of LuPardus’ allegations rather than hiding behind technicalities."