TOPEKA, Kan. (AP) — A federal appeals court has ruled that a former Kansas county prosecutor does not have absolute immunity in lawsuits filed by a man who spent nearly 16 years in prison for a murder his brother later confessed to committing in a suicide note.

The 10th U.S. Circuit Court of Appeals on Aug. 16 upheld a lower court ruling in a lawsuit filed by Floyd Bledsoe against former Jefferson County prosecutor Jim Vanderbilt and others, who Bledsoe claims fabricated evidence and conspired to convict him in the 1999 rape and murder of 14-year-old Camille Arfmann near Oskaloosa.

Bledsoe was released from prison in 2015 after his brother, Tom, killed himself and said in a note that he had killed the girl. Bledsoe received a $1 million settlement in May from the state of Kansas for his wrongful conviction and incarceration.

Bledsoe filed a federal lawsuit alleging his constitutional rights were violated by Jefferson County officials, including Vanderbilt.

“We affirm the district court’s decision that defendant Vanderbilt does not enjoy absolute immunity from suit for allegedly fabricating evidence against plaintiff during the preliminary investigation of C.A.’s (Camille Arfmann) murder,” the appellate court said.

Arfmann was kidnapped and shot to death in rural Jefferson County in November 1999. Tom Bledsoe was originally charged with murder after he confessed led authorities to the body. But shortly afterward, those charges were dropped and Floyd Bledsoe was arrested. He was convicted in 2000 of murder, kidnapping and indecent liberties with a child and sentenced to life in prison.

Floyd Bledsoe was freed in 2015 after DNA testing showed evidence implicated his brother in the case. Tom Bledsoe killed himself and left several notes confessing to the crimes, including a note that said, in part, “I sent an innocent man to prison. The Jefferson County police and county attorney Jim Vanderbilt made me do it.”

Vanderbilt’s law license was suspended in 2005 and again in 2011 for violations in other cases. It has not been reinstated. His attorney, Patric Linden, said Vanderbilt did not want to comment because the case is still in litigation.

KANSAS CITY, Kan. (AP) — A federal judge in Kansas has ruled that a law making it a crime to “encourage” or “induce” immigrants to enter or live in the country illegally is unconstitutional.

The U.S. District Judge Carlos Murguia issued his ruling from the bench Wednesday before throwing out the convictions of Jose Felipe Hernandez-Calvillo and Mauro Papalotzi. Prosecutors said the men, who themselves are in the country illegally, managed crews of workers who installed drywall for a Lawrence company.

After they were convicted of conspiring with supervisors to violate the law, the Ninth U.S. Circuit Court of Appeals in San Francisco ruled in a similar case that encouraging immigrants to be in the country illegally is protected speech under the First Amendment.

Kansas isn’t governed by the Ninth Circuit, but Murguia found the argument persuasive. He said in his ruling that he was adopting the Ninth Circuit court’s analysis “in full” and agreed that the law is “overbroad.” Four others who also were charged in 2016 with violating the law, including the company’s owner, pleaded guilty in 2017 to misdemeanors.

The law was passed by Congress in 1952 and has been amended several times since then. Violations carry a sentence of up to five years in prison, with another five tacked on if the defendant acted for “commercial advantage or private financial gain.”

“The important thing, other than the First Amendment issue, is that the government was using this (law) to charge people who did nothing more than make a job available to an undocumented person, whether or not they had direct knowledge that the person was undocumented,” said Hernandez-Calvillo’s attorney, Tom Bradshaw.

“The statute requires that when you ‘encourage’ or ‘induce,’ you know the person was here illegally. But the government has played loose with that.”

Jim Cross, a spokesman for the U.S. Attorney for the District of Kansas, said in an email that his office “is evaluating the judge’s ruling at this time” and had not made a decision about its next step. If prosecutors appeal, that sets up the potential for the 10th U.S. Circuit Court of Appeals, which covers Kansas, to overturn Murguia’s ruling. That would create a conflict between two federal circuits, setting the stage for a possible Supreme Court decision to resolve the issue.

The two men whose convictions Murguia threw out could still be deported, although the government has not initiated deportation proceedings against them. Bradshaw said his client is raising a son who was born in the U.S. and just graduated from high school.

KANSAS CITY — Law enforcement authorities are investigating a shooting and are asking the public for help to locate witnesses.

According to a social media report from Kansas City Police, On May 25, three people were shot at a party at Local Legends Gaming, 3933 Main Street.

The place was packed with young adults and juveniles, but witnesses haven’t come forward.

Detectives have a person of interest but need witnesses to prosecute. If you were there, do right & call Assault Squad: 234-5227

BARTON COUNTY — One person was injured in an accident just before 12:30p.m. Thursday in Great Bend.

The Kansas Highway Patrol reported a 2002 Toyota Tundra driven by James W. Juergensen, 71, Great Bend, was making a right turn onto 19th Street at Heizer Street when the pickup struck Sreehitha Kadiyala, 23, Great Bend,  walking northbound crossing 19th street.

EMS transported Kadiyala to the hospital in Great Bend. Juergensen was not injured.

MANHATTAN — Law enforcement and school district authorities are investigating an alleged social media threat in Manhattan.

On Wednesday, a citizen alerted the Riley County Police Department that a video had been posted to the social media messaging phone app Snapchat which depicted a 15-year-old boy and 15-year-old girl holding what appeared to be a gun and making threatening statements, according to Captain Josh Kyle.

Preliminary investigation indicates the video was directed at a different 15-year-old boy and a 17-year-old boy.

All the parties mentioned are students at Manhattan High School West Campus.

USD 383 has assisted RCPD during this investigation and all involved parties including parents have been contacted, according to Kyle. The video did not include any threats to the safety of Manhattan High School.

No arrests have been made.  The RCPD has not heightened its presence at the school in response to this incident.

TOPEKA – A federal court Wednesday sided with Kansas and declared that the Obama-era Waters of the United States (WOTUS) rule exceeded federal authority and violated administrative procedures, according to Kansas Attorney General Derek Schmidt.

“From the beginning, it was clear to us that the WOTUS rule proposed by President Obama’s administration went far beyond the authority granted to the federal agencies by the Clean Water Act and did not go through the proper administrative procedures prior to its adoption,” Schmidt said. “This ruling agrees with our assessment and lays the groundwork for the Trump administration to continue its efforts to replace the illegal rule with one that instead complies with federal law.”

The ruling by Judge Lisa Godbey Wood in the U.S. District Court for the Southern District of Georgia granted summary judgment to the 10 plaintiff states, including Kansas.

Because the Trump administration already has begun the proper rulemaking process to repeal the illegal Obama-era WOTUS rule and replace it with a lawful rule, Judge Wood did not vacate the Obama-era WOTUS rule but instead left in place the preliminary injunction she entered last year. That injunction will continue to prohibit the implementation of WOTUS in Kansas and the other plaintiff states while the repeal-and-replace rulemaking proceeds.

SEDGWICK COUNTY—Law enforcement authorities are investigating a violent attack and have a suspect in custody.

Just after 9a.m. Wednesday, police responded to an area hospital in reference to a report of an assault, according to officer Charley Davidson.

A 34-year-old woman reported her boyfriend strangled and battered her.

Police located a suspect identified as 42-year-old Ryan Risley at a home in the 1800 Block of West 53rd Street north in Wichita.

Police arrested him without incident on requested charges of attempted first-degree murder domestic violence, aggravated domestic battery and criminal threat, according to Davidson.

WASHINGTON (AP) — President Donald Trump said Wednesday he was looking “very seriously” at ending the right to citizenship for babies born to non-U.S. citizens on American soil.

Trump spoke to reporters as he departed the White House for a speech in Louisville, Kentucky. He said birthright citizenship was “frankly ridiculous.”

“We’re looking at it very, very seriously,” he said.

This isn’t the first time Trump has claimed he’d do away with it — he said something similar in October.

But the citizenship proposal would inevitably spark a longshot legal battle over whether the president can alter the long accepted understanding that the 14th Amendment grants citizenship to any child born on U.S. soil, regardless of a parent’s immigration status.

James Ho, a conservative Trump-appointed federal appeals court judge, wrote in 2006, before his appointment, that birthright citizenship “is protected no less for children of undocumented persons than for descendants of Mayflower passengers.”

But Trump has said he was assured by his lawyers that the change could be made “just with an executive order” — an argument he has been making since his early days as a candidate, when he dubbed birthright citizenship a “magnet for illegal immigration” and pledged to end it.

There are no figures on how many foreign women travel to the U.S. specifically to give birth. The Center for Immigration Studies, a group that advocates for stricter immigration laws, estimated that in 2012 about 36,000 foreign-born women gave birth in the U.S., then left the country.

Places like Florida have seen in a boom in so-called “birth tourism.” Every year, hundreds of pregnant Russian women travel to the United States to give birth, paying from $20,000 to more than $50,000 to brokers who arrange their travel documents, accommodations and hospital stays. Sizable numbers of women from China and Nigeria also come to the U.S. for the same reason.

Trump’s comments Wednesday came as the administration continued to make immigration changes pushed by his hardline advisers that have been in the works for months. On Wednesday, the Department of Homeland Security announced it had moved to end a longstanding federal agreement that limits how long immigrant children can be kept in detention. The decision will almost certainly lead to a legal battle over the government’s desire to hold migrant families until their cases are decided.

The rule follows moves last week to broaden the definition of a “public charge” — a burden to the U.S. — to include immigrants on public assistance, potentially denying green cards to more immigrants. There was also a recent effort to effectively end asylum altogether at the southern border.

KANSAS CITY (AP) — Authorities say a teenager has been killed and a younger girl wounded in a Kansas City shooting.

Police say the shooting happened around 7:30 p.m. Wednesday after a disturbance outside a home. The teen victim was taken to a hospital, where he died. His name wasn’t immediately released.

Police say a girl who apparently was in the yard with the teen also was wounded. Relatives rushed her to a hospital, where she is listed in critical but stable condition. Police say she is under the age of 10.

No arrests have been made. The shooter also was a teen. No other description was provided.

FINNEY COUNTY — Law enforcement authorities are investigating a shooting death and have a suspect in custody.

Just after 8:30 a.m. Tuesday, the Finney County Sheriff’s Office received a call of a suicidal subject at 985 Starlight Drive. in Finney County, according to a media release.

Deputies responded and met with the property owner and the occupant of the residence and further determined that there was a deceased individual inside the residence.

Upon further investigation it was determined the victim, Gerardo Ramirez, age 25, had died of gunshot wounds. Ramirez was believed to reside in Garden City.

WICHITA, Kan. (AP) — Kansas is fighting the compensation claim of a man who spent 23 years in prison for a double homicide before a judge vacated his convictions, which were secured despite a complete lack of physical evidence and motive tying him to the crimes.

Lamonte McIntyre’s case was one of three that helped prompt the state last year to allow the wrongfully convicted to seek compensation. When signing that bill into law, then-Gov. Jeff Colyer publicly apologized to McIntyre and the other men.

The state attorney general’s office supported the other two men’s petitions for compensation and a declaration of innocence, but it issued a statement saying it couldn’t do so for McIntyre because it found “the record of prior judicial proceedings” in his case to be “insufficient.” It said it will be up to the court to decide and recommended that the court deny McIntyre’s claim.

McIntyre’s lawyer blasted the move, saying the attorney general’s office could conduct its own investigation into McIntyre’s case.

According to a media release, the gift recognizes the work of renowned car restorer, Paul Russell and Company, and was announced at a private event hosted by McPherson College at the Pebble Beach Concours d’Elegance. Russell serves as president of the college’s national advisory board for automotive restoration.  

“We are committed to McPherson’s automotive restoration program, particularly since it is the only four-year program like it in the country,” Melanie Lundquist said. “The college strives to provide the best student experiences. We really enjoy the collaborative partnership we have developed with the college.”

Paul Russell and Company restored a 1938 Talbot-Lago T150-C SS Figoni and Falaschi Teardrop Cabriolet owned by the Lundquists that took top honors in Most Elegant Convertible class and was among four contenders for the Best of Show at this year’s Pebble Beach Concours.

“Having just gone through a concours-quality restoration project, the Lundquists appreciate the value of craftsmanship and understand the importance of educating the next generation of craftsmen,” Amanda Gutierrez, vice president for automotive restoration at McPherson College. “We are grateful that they have recognized McPherson College as an institution worthy of their support.”

Chris Hammond, a McPherson College graduate, was senior mechanical restorer on the project, and Paul Russell and Company currently employ three McPherson College graduates. Russell is a champion of educating the next generation of craftsmen and has been a long-time supporter of the McPherson College program.

“McPherson College is honored to be recognized with this gift from Richard and Melanie,” President Michael Schneider said. “This gift is evidence that the quality of education provided at McPherson College is valued. Our entire campus works hard providing outstanding educational opportunities and career experiences. This is a signal to the industry that we are committed to excellence and it takes people like the Lundquists stepping up to help us drive the future of this industry.”

The McPherson College Automotive Restoration program began in 1976 with funding from local entrepreneur, Gaines “Smokey” Billue, and has evolved into a nationally recognized and award-winning leader in restoration education, offering the only four-year bachelor’s degree for restoration technology in the country. The program offers student experience outside of the classroom at some of the most prestigious car events in the United States, like Pebble Beach. The college also has a growing alumni base who work in all facets of the car collecting world including Hagerty, Mercedes-Benz Classic Center, Historic Vehicle Association, RM Sotheby’s, in their own shops, and private collections.

SEDGWICK COUNTY – Law enforcement authorities are investigating an attempted murder and have made an arrest.

Just after 10a.m. Monday police at the patrol north station in Wichita were contacted by a 30-year-old man who had been shot twice, according to officer Charley Davidson.

EMS transported  the man to an area hospital for treatment.

An investigation has revealed that a suspect later identified as 31-year-old Charles Shely of Wichita, the victim and a 48-year-old acquaintance were traveling northbound in a 1993 Ford Explorer on Interstate 135 near 21^st Street.

During a disturbance Shely pulled out a handgun and shot the victim, according to Davidson.

The driver pulled to the side of the road and Shely fled on foot from the SUV. The driver then took the victim to the patrol north station. A KHP trooper located Shely in the 2500 Block of North Kansas Avenue and took him into custody. Police also located a handgun in the vehicle.

Shely is being held on $250,000 bond on a requested charge of attempted first-degree murder, according to online jail records.