Kansas Highway Patrol ordered to pay more than $2M for ‘two-step’ approach

WICHITA, Kan. (KWCH) - A U.S. district court judge ordered the Kansas Highway Patrol to pay more than $2 million in attorney fees and other costs.

The judgment stems from a 2019 lawsuit filed by the American Civil Liberties Union against the KHP over its “two-step” approach.

That’s where troopers pull someone over, and then seek to reengage the driver after the stop to develop reasonable suspicion to search their vehicle.

A judge ruled the approach violated drivers’ rights. The new ruling means the agency must pay $2.3 million to the plaintiffs to cover attorney fees and court costs.

The KHP said is aware of the court’s ruling, and “will have no statements to provide until the the Attorney General’s office has reviewed and evaluated this.”

The ACLU calls the ruling a big win for the rights of not only Kansans, but everyone that drives through the state.

“I think this award that happened on Friday really vindicates our clients’ positions that these stops and this sort of practice that the KHP has engaged in for years is unlawful,” said ACLU of Kansas Staff Attorney Kunyu Ching.

Ching said the $2.3 million judgment is separate from previous payouts to individuals the ACLU has represented in cases against the highway patrol.

“One of those clients received an award of $1 in normal damages. Our second client received $20,000 in compensatory damages and approximately another $20,000 in punitive damages,” Ching said.

In addition to the financial compensation, the court placed the KHP under court supervision for up to four years. The highway patrol is appealing the ruling on the “two-step.” This means for now, troopers can still legally do it, but they could also face more civil suits in the future.

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