Fort Scott, KS - Bourbon County denied in federal court that it retaliated against former chief information officer Shane Walker, saying his 2025 layoff and the county’s handling of his pay and benefits were lawful.
The county also denies those actions were tied to complaints made by Walker or his wife, or to Walker’s medical leave.
The county filed its answer June 23 in U.S. District Court for the District of Kansas. It is the county’s first formal response to the lawsuit Walker filed in March.
No judge has ruled on the claims, and the case remains in its early stages.
Walker, who is married to County Clerk and former Chief Financial Officer Susan Walker, worked for the county from December 2005 until he was laid off July 9, 2025. He was rehired by the elected register of deeds in November 2025 at $16 an hour, down from a salary the county acknowledges was $88,616.84 at the time of his layoff.
His lawsuit names the Board of County Commissioners and Commissioners Sam Tran, David Beerbower and Mika Milburn-Kee. It also names Steve Cohen, an independent contractor the county uses on human resources matters.
The lawsuit raises 10 counts, including breach of contract, violation of the Kansas Wage Payment Act, Title VII retaliation, First Amendment free-speech and freedom-of-association claims, a due-process claim and a Family and Medical Leave Act claim.
Walker alleges his layoff and the later handling of his benefits were retaliation for several protected actions. Those include his wife’s discrimination complaints and contract lawsuit against the county, a 2024 letter in which Walker criticized how commissioners treated women, two discrimination complaints he filed, including age-discrimination claims, and his use of FMLA leave for high blood pressure shortly before he was laid off.
In its answer, the county admitted several underlying facts but denied wrongdoing or improper motive. It admitted Walker’s main duty was IT, that the commission hired an outside firm, Stronghold, for a network “health check,” and that Milburn-Kee asked for server passwords Walker and a co-worker refused to provide.
The county also admitted the vote to eliminate Walker’s position was unanimous. It acknowledged the commission publicly said the IT work was outsourced to save money.
The county also acknowledged Susan Walker obtained a default judgment against it in May 2025 and that her claims settled in 2026.
But the county disputes much of Walker’s framing. It repeatedly states Walker was “laid off” and that his position was “eliminated,” rather than saying he was “terminated.”
The county also denies Walker’s job was non-policymaking, a distinction that could matter in his First Amendment claims and in questions of immunity. It denies allegations that commissioners blocked his health insurance or refused to restore his seniority and benefits after he was rehired.
The county raised 23 defenses. Among them, it argues the individual defendants have qualified immunity, that any speech by Walker was part of his official duties and not protected, and that the parties modified his employment contract, altering or eliminating the obligations he claims.
The county also argues the money Walker seeks does not qualify as “wages” under state law. It further says the county would have made the same decision regardless of any protected activity.
Walker is represented by Gaye Tibbets of Hite, Fanning & Honeyman in Wichita. The county is represented by Andrew Holder of Fisher, Patterson, Sayler & Smith in Overland Park.
Walker has requested a jury trial.
