Topeka paid lawyers $250K in case where officers' attorneys are seeking $863K

The amount being sought in legal fees by attorneys for two female Topeka police administrators who successfully sued Topeka's city government is more than three times what the city has paid a private law firm to represent the city in that case.

Attorneys representing Topeka police Maj. Jana Kizzar and Capt. Colleen Stuart — whom a jury last month awarded nearly $489,000 after concluding they had been discriminated against on the basis of gender — asked Oct. 3 that the court require the city to additionally pay attorney's fees totaling more than $863,000.

The city has paid $250,189.31 to the Topeka law firm of Henson, Hutton, Mudrick & Gragson, which represented it in the case, with the most recent payment having been made Oct. 9, according to information the city provided The Capital-Journal on Tuesday in response to a request the newspaper made using the Kansas Open Records Act.

Pursuant to court rules, attorneys for the two sides are currently in talks about how much the city should pay, said Daniel Garrett, communications and media relations director for the city.

"If the parties cannot reach an agreement on the amount, each side may file a memorandum to the Court explaining its position regarding the appropriate fees, and the Court will ultimately determine the proper amount," he said Monday. "The City is committed to ensuring that any attorney fees paid in this matter are fair and reasonable.”

Attempt is in progress to merge suits pursued by retired fire captains

Meanwhile, a female retired Topeka Fire Department captain — eight days after Kizzar and Stuart won their lawsuit — filed a motion seeking to merge the discrimination suit she is pursuing against the city with a separate discrimination suit being pursued against the city by a retired Topeka Fire Department captain who is Black.

The suits were filed separately in September 2023 by retired Capts. Barbara Hack and Brentlyn Dorsey , who both allege they applied for promotions to jobs that were instead awarded to less-qualified white men with less experience.

Hack, a woman, alleges gender discrimination. Dorsey, who is Black, alleges racial discrimination.

Dorsey is represented by Kansas City, Missouri-based Edelman, Liesen & Myers, LLP, while Hack is represented by Topeka-based Stevens & Brand, LLP, court records show.

The city is being aided in defending both cases by Topeka-based Fisher, Patterson, Saylor & Smith, LLP, records say.

They say an attorney representing Hack on Sept. 27 filed a motion asking the court to consolidate the suits she and Dorsey are pursuing against the city.

No ruling has yet been made on Hack's motion.

Attorneys representing the city asked last week that it be denied, court records show.

Here's the background on Kizzar and Stuart's suit

Kizzar, Stuart and Topeka police Capt. Jennifer Cross filed suit in January 2023 alleging the city discriminated against them by twice choosing less-qualified men for promotion over Kizzar and Stuart and once choosing a less-qualified man for promotion over Cross.

A federal judge last August allowed Kizzar and Stuart to proceed with one of their claims but threw out the others, including the claim by Cross, who has since initiated a new lawsuit against the city .

A federal jury ruled Sept. 19 that Topeka's city government discriminated on the basis of gender against Kizzar and Stuart.

Liberty, Missouri-based attorneys Mark A. Jess and Christie Jess and Kansas City, Missouri-based attorneys Eric S. Playter and Chris R. Playter — who represented Kizzar and Stuart — then filed a motion Oct. 3 seeking to arrange for the city to be required to pay attorney's fees, costs and other litigation expenses incurred pursuing the case.

"The initial estimate of fees, costs, and litigations expenses sought is $886,249.62, consisting of approximately $863,705.00 in attorney fees, $20,575.25 in court costs, and $1,969.37 in other litigation expenses," the motion said.

Kizzar, Stuart and Cross remain with the Topeka Police Department.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Topeka paid lawyers $250K in case where officers' attorneys are seeking $863K