Donald Carl Krueger papers

Restrictions:

Access to records within the sub-series “Research and Notes” in each series is closed due to attorney-client privilege.

Access to specific folders, noted in the Summary, is closed during the lifetimes of the named litigants in the records due to the intrusive personal information and Social Security numbers contained within them.

Biographical sketch: Attorney serving as counsel on a few high-profile Kansas cases such as Marcia Tomson v. Robert T. Stephan & Bob W. Storey and the State of Kansas v. members of the Phelps family, including Fred W. Phelps, Sr., & members of the Westboro Baptist Church (Topeka, Kan.); of Emporia, Kan.

Abstract: Attorney's files from Donald Carl Krueger's office in Emporia, Kan. Two important cases are represented in the collection. He was co-counsel with Fred Thompson for Marcia Tomson in a case against Kansas Attorney General Robert Stephan & his co-defendant Bob Storey. Krueger represented the Fred W. Phelps, Sr., family & members of the Westboro Baptist Church (Topeka, Kan.) in several cases.

Summary:

Container List:

Series 1—Marcia Tomson vs. Robert T. Stephan and Bob W. Storey (1954-1992, bulk 1985-1989)

• Subseries 1—Court Documents (1982-1989)
  
  
  • Box 1
    
    
    • Binder labeled “Tomson v. Stephan, Proceedings October 24, 2988 [sic] thru November 8, 1988, Copy1.”
    
    
    
    • Binder labeled “Tomson v. Stephan, Proceedings September 14, 1988 thru October 21, 1988, Copy1.”
    
    
    
    • Folder labeled “Tomson v. Stephan, Pre-Thompson & Bussart Correspondence, Motions, Etc.”—includes copies of correspondence between counsel and with judge, other legal documents including motions, memorandums, affidavits, responses, etc. (05/1986-12/1987).
    
    
    
    • Folder labeled “Miscellaneous Information—1983, Tomson v. Stephan”—includes a letter from judge to all counsel (01/07/1985) and an index listing the details of the letter (1985).
    
    
    
    • Bound copy of Plaintiff’s Exhibits to her Response to Summary Judgment Motions (08/05/1988).
    
    
    
    • Bound copy of Plaintiff’s Response and Memorandum of Law in Opposition to Defendants’ Motions for Summary Judgment (08/05/1988).
    
    
    
    • Bound copy of Exhibits to Storey Summary Judgment Motion (06/22/1988).
    
    
    
    • Loose copy of Entry of Appearance (03/15/1989).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey, Duplicate Pleadings” (ca. 01/1987-06/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Court File 40, 85-4485-S”–includes timeline of proceedings (06/20/1986-10/29/1986).
    
    
    
    • Folder labeled “Tomson vs. Stephans [sic] 85-4485-S, Court File 1-39”—includes a timeline of the proceedings (11/19/1985-06/19/1986).
    
    
    
    • Folder labeled “Tomson, Marcia vs. Robert Stephans [sic],Motion for Protective Orders” (02/1985).
    
    
    
    • Folder labeled “Tomson EEOC Documents”—includes correspondence and legal documents related to Tomson’s first lawsuit (02/1983-08/1983).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes various copies of court documents including memorandums, motions, responses, etc. (06/1988-10/1988).
  
  
  
  • Box 2
    
    
    • Folder labeled “Tomson vs. Stephan, Motions for Summary Judgment” (ca. 1987-1988).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey, Duplicate Pleadings (Tomson I)”—includes copies of pleadings related to the first Tomson lawsuit (ca. 1982-1983).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey, Duplicate Pleadings” (ca. 1985).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey, Duplicate Pleadings” (ca. 1986-1987).
    
    
    
    • Bound copy of exhibits to Storey Summary Judgment Motion (06/22/1986).
    
    
    
    • Folder labeled “Tomson vs. Stephan 85-4485-S, Correspondence b/t Ct & Attorneys”—includes relevant correspondence (1986-1987).
  
  
  
  • Box 3
    
    
    • Unlabeled binder with four tabs—“1982,” “1983,” “1984,” “1985”—includes copies of affidavits, summons, orders, memorandums, motions, etc. related to the first Tomson lawsuit.
    
    
    
    • Binder labeled “Tomson v. Stephan, Proceedings September 14, 1988 thru October 21, 1988, Copy2.”
    
    
    
    • Binder labeled “Tomson vs. Stephan & Storey, Case No. 85-4485-S, Memorandum in Support of Motion for Summary Judgment (filed by Deanne Watts Hay & Robert F. Bennet)”—filed by Storey’s attorneys (11/30/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of proceedings (ca. 1987).
    
    
    
    • Folder labeled “Pre-Trial Order”—includes copies of proceedings (1988).
    
    
    
    • Folder labeled “United States of America vs. Stephan & Storey”—includes a copy of a Bill of Particulars (11/1988).
    
    
    
    • Folder labeled “Scheduling Order”—includes a copy of the Tomson Scheduling Order (08/19/1987) and a memo from Fred Thompson (08/17/1987).
    
    
    
    • Loose documents—includes Memorandum and Order filed on 09/19/1988.
    
    
    
    • Loose copy of Motion for Dismissal And/Or Summary Judgment of Defendant Robert T. Stephan (11/18/1987).
    
    
    
  • Box 4
    
    
    • Folder labeled “Witness and Exhibit List”—includes correspondence and notes related to witnesses and exhibits, and copies of some exhibits (ca. 1986-1988).
    
    
    
    • Bound copy of Defendant Stephan’s Exhibits to his Motion for Summary Judgment (06/22/1988).
    
    
    
    • Bound copy and loose copy of Memorandum of Law in Support of Defendant Bob W. Storey’s Motion for Summary Judgment (06/22/1988).
    
    
    
    • Loose copy of Memorandum Brief Submitted in Connection with Jury Instructions (10/21/1988).
    
    
    
    • Folder labeled “Tomas [sic] vs. Stephan”—includes a copy of Vern Miller’s deposition (11/26/1986) and copies of Civil Docket Continuation Sheets (1985-1987).
    
    
    
    • Folder labeled “Tomas [sic] vs. Stephan”—includes copies of court documents (06/04/1987-08/06/1987).
    
    
    
    • Bound copy of the trial transcript with complaint letter from Stephan regarding the Phelps attorneys (08/28/1989).
    
    
    
    • Folder labeled “Tomson vs. Stephan (Framed items)”—includes a copy of the jury’s verdict, a Request for Garnishment, and copies of two political cartoons about Stephan.
  
  
  
  • Box 5
    
    
    • Binder labeled “Tomson vs. Stephan & Storey, Case No. 85-4485-S, Pleading Volume II—January 1, 1987 thought May 30, 1987.”
    
    
    
    • Binder labeled “Marcia Tomson vs. Robert T. Stephan & Bob W. Storey, Civil Action Number 85-4485-S, Pleadings Volume IV—November 25, 1987 though Ongoing”—has no end date.
    
    
    
    • Binder labeled “Tomson v. Stephan, Proceedings, December 7, 1987 thru August 26, 1988, Copy 2”—includes an index of the binder’s contents.
    
    
    
    • Binder labeled “Tomson v. Stephan, Proceedings, October 24, 1988 thru November 7, 1988, Copy 2.”
    
    
    
    • Binder labeled “Tomson vs. Stephan and Storey, Case No. 85-4485-S, Pleadings Volume No. II, June 1, 1987 through November 25, 1987.”
  
  
  
• Subseries 2—Discovery Documents (1954-1990)
  
  
  • Box 6
    
    
    • Folder labeled “Tomson v. Stephan”—includes deposition of Shirley Phelps-Roper (11/25/1986), deposition of Walter Cobler (09/25/1987) in report folder, copy of Request for Production of Documents Addressed to Defendant Stephan (07/09/1987).
    
    
    
    • Folder labeled “Tomson v. Stephan, Proof”—includes Marcia Tomson’s financial information such as tax forms, etc. (1984-1987), copies of Stephan’s correspondence as requested in previous folder, transcript of Storey’s (10/29/1985) statement to the press, statements from Tomson and Stephan, and other various documents produced by defendant (ca. 1984-1987). ACCESS CLOSED
    
    
    
    • Folder labeled “Tomson Tax Returns”—includes copies of Marcia Tomson’s tax return forms (1985-1987). ACCESS CLOSED
    
    
    
    • Various loose documents including memorandums, copies of Robert Stephan’s bankruptcy documents and other misc. items (ca. 1985-1989).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Pre-Trial Matters”—includes correspondence among counsel and copies of proceedings (ca. 09/1988-10/1988).
    
    
    
    • Loose copy of Plaintiff’s Exhibit 168—Marcia Tomson’s real estate records (1982-1984).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Misc.”—includes various correspondence and copies of requests for production (1985-1988).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Tomson—Correspondence”—includes correspondence dealing primarily with depositions for the Tomson case (06/1987-11/1987).
    
    
    
    • Loose copy of a receipt for Marcia Tomson’s medical expenses and payments (02/27/1984-10/24/1988).
    
    
    
    • Large envelope labeled “Lora J. Appino 11/16/1987”—includes copy of the deposition of William H. Reeder (09/05/1987).
    
    
    
    • Large envelope labeled “Lora J. Appino 11/16/1987”—includes a copy of the deposition of James W. Garrett, Sr. (09/25/1987).
    
    
    
    • Large envelope labeled “Lora J. Appino 11/16/1987”—includes a copy of the deposition of Bruce Miller (09/25/1987).
    
    
    
    • Copy of the deposition of Terry Ray (09/25/1987) in a report folder.
    
    
    
    • Loose documents including correspondence regarding the defendant’s phone records (02/1987-04/1987) and correspondence regarding juror questionnaires (09/1988-10/1988).
    
    
    
    • Folder labeled “Time and Attendance Reporting” with a large envelope labeled “Lora J. Appino 11/16/1987”—includes a copy of the deposition of Patricia Clark (09/25/1987) and relevant correspondence.
    
    
    
    • Loose copy of the deposition of Marcia Tomson (11/19/1986).
    
    
    
    • Loose copy of the deposition of Fred W. Phelps, Sr. (11/25/1986).
    
    
    
    • Loose copy of the deposition of Douglas L. Bailey (03/26/1987).
    
    
    
    • Loose copy of note from Douglas L. Bailey—Plaintiff’s Exhibit 215 (n.d.).
    
    
    
    • Loose copies of Vol. I of the deposition of Robert T. Stephan (11/17/1986) and Vol. II of the deposition of Robert T. Stephan (04/14/1987).
    
    
    
    • Loose copies of newspaper articles (10/30/1985-7/9/1987)—Plaintiff’s Exhibits.
    
    
    
    • Loose copies of other Plaintiff’s exhibits (n.d.)
  
  
  
  • Box 7
    
    
    • Loose copies (2) of the deposition of Bob W. Storey (11/21/1986).
    
    
    
    • Loose copy of the deposition of Vern Miller (11/21/1986).
    
    
    
    • Folder labeled “11/19/1985 Stephan News Conf.”—includes a copy of the press release.
    
    
    
    • Folder labeled “Organizational Chart”—includes copies of the organizational chart for Stephan’s gubernatorial campaign (ca. 1986).
    
    
    
    • Folder labeled “3/28/85 Stephan to Chesbro”—includes correspondence between Stephan and Vern Chesbro regarding Stephan’s campaign.
    
    
    
    • Folder labeled “3/14/85 DMI Proposal”—includes copies of the proposal from Decision/Making/Information to assist with Stephan’s campaign.
    
    
    
    • Folder labeled “4/23/85 Linda to Doug Re: Sedgwick City”—includes a letter to Doug Bailey from Linda regarding Stephan’s campaign and a copy of a newspaper article (04/28/1985).
    
    
    
    • Folder labeled “5/5/85 Steering Comm. Meeting Agenda”—includes a copy of the agenda of the Sounding Board Steering Committee for Stephan’s campaign.
    
    
    
    • Folder labeled “5/7/85”—includes notes on Stephan’s strategy for dealing with negative press related to Tomson’s accusations regarding disclosure of the details of the previous settlement.
    
    
    
    • Folder labeled “5/10/85 Statement Vern Miller Press Conf.”—includes copies of Vern Miller’s Statement by Vern Miller at Joint Press Conference—2 drafts by DLB (05/07/1985 and 05/10/1985).
    
    
    
    • Folder labeled “5/20/85 Bailey to Stephan MOR Data”—includes correspondence regarding Market Opinion Research for Stephan’s Campaign.
    
    
    
    • Folder labeled “5/29/85 Draft Marvin to Daniels”—includes a copy of a note from C. Raymond Marvin to Mitch Daniels regarding Stephan’s campaign.
    
    
    
    • Folder labeled “7/13 & 7/22/85 Stephan to Solicit Support”—includes copies of a form letter from Stephan to request support for his campaign and copies of newspaper articles regarding Stephan’s potential success in the gubernatorial race.
    
    
    
    • Folder labeled “8/1/85 Direct Mail Proposal”—includes correspondence regarding and copies of proposals for direct mail services for Stephan’s campaign from both Odell, Roper & Associates, Inc. and Campaign Mail & Data, Inc.
    
    
    
    • Folder labeled “9/1/85 Stephan GOP Text Draft”—includes a copy of a draft speech from Stephan regarding his gubernatorial race and what he calls the “Reagan Revolution.”
    
    
    
    • “9/6/85 Bailey Internal Memo/Clipping”—includes a memo from Doug Bailey and a news article regarding the effect that Tomson’s first lawsuit may have on Stephan’s campaign.
    
    
    
    • Folder labeled “9/9/85 Bailey Request on Campaign Proposal”—includes correspondence from Bailey to Kay Dawson of Contemporary Communication requesting proposals for three campaign-related projects.
    
    
    
    • Folder labeled “9/22/85 Bailey to Stephan Re: Tomson Case”—includes correspondence from Bailey to Stephan and John Pinegar with drafts of statements and discussion of strategy for press conferences.
    
    
    
    • Folder labeled “10/15/85 Stephan to Reagan Draft”—includes a copy of a draft memo from Stephan to President and Mrs. Reagan regarding a Drug Education Campaign and a copy of a news article on Thomas R. Docking.
    
    
    
    • Folder labeled “10/29/85 Checklist”—includes a checklist regarding preparation for the press conference.
    
    
    
    • Folder labeled “11/3/85 Stephan for Gov. Sounding Board Meeting Agenda”—includes a copy of the referenced agenda.
    
    
    
    • Folder labeled “Interrogatories”—includes a copy of the Supplemental Responses to Interrogatories by Plaintiff Tomson (n.d.).
    
    
    
    • Folder labeled “Stephan Re: Phelps Suits”—includes 3 copies of a document in which Stephan derides the Phelps attorneys regarding Tomson’s lawsuits (ca. 1985).
    
    
    
    • Folder labeled “Draft—Employees Support of Stephan”—includes a draft statement by then current and former employees defending Stephan against sexual harassment charges (n.d.).
    
    
    
    • Folder labeled “Stephan Selected Press Releases”—includes a copy of Deposition Exhibit 8, with includes press releases (1979-1985).
    
    
    
    • Folder labeled “Bailey Memos”—includes correspondence from Bailey to Stephan (01/07/1984-07/09/1985)—Deposition Exhibit 17.
    
    
    
    • Folder labeled “Stephan Media Costs, Dep. Ex. #21”—includes a copy of Deposition Exhibit 21, which includes documents showing the cost of DLB and other media services (n.d.).
    
    
    
    • Folder labeled “Stephan Schedules”—includes copies of Stephan’s schedules (04/1985-11/1985).
    
    
    
    • Folder labeled “DLB Invoices for Work on Stephan Campaign”—includes copies of Doug L. Bailey’s (of Bailey, Deardourff & Associates) invoices to Stephan (03/15/1985-11/18/1985)—note: all amounts on invoices were redacted.
    
    
    
    • Folder labeled “Deposition Exhibits, 1A-1L”—includes documents and notes related to Stephan’s campaign (n.d.).
    
    
    
    • Folder labeled “Deposition Exhibits 2B-2D”—includes notes and correspondence regarding the first Tomson lawsuit’s effect on Stephan’s campaign (n.d.).
    
    
    
    • Folder labeled “Docking”—includes a copy of Deposition Exhibit 18, which includes copies of news clippings about Thomas Docking (1954-1985).
    
    
    
    • Folder labeled “County Sheet Sample”—includes a copy of Deposition Exhibit 16, which includes correspondence regarding county sheets and a sample county sheet showing the demographics of a particular county (n.d.)
    
    
    
    • Folder labeled “Direct Mail”—includes a copy of Deposition Exhibit 19, which includes a draft of direct mail regarding Stephan’s campaign (09/01/1985) and a copy of a Direct Mail Fund-Raising Proposal for Stephan for Governor Committee by Odell, Roper & Associates, Inc. (08/20/1985).
    
    
    
    • Folder labeled “Safe Coloring Book & Child Card”—includes drafts of and correspondence regarding a child safety coloring book to give away at the Consumer Protection booth at the 1985 Kansas State Fair (08/1985).
    
    
    
    • Folder labeled “Marketing Info”—includes copies of marketing materials, strategies and relevant correspondence regarding Stephan’s campaign (ca. 1985).
    
    
    
    • Folder labeled “Notes & Misc.”—includes several Deposition Exhibits which include various notes and correspondence regarding Stephan’s campaign (n.d.).
    
    
    
    • Folder labeled “Deposition Bailey”—includes a copy of Douglas L. Bailey’s deposition (03/26/1987).
    
    
    
    • Loose copies of Deposition Exhibits, which consists primarily of information related to Stephan’s gubernatorial campaign (ca. 1985).
  
  
  
  • Box 8
    
    
    • Folder labeled “Tomson vs. Stephan”—includes a copy of Stephan’s Campaign Plan “Volume III, Decision Flow/Cash Flow, Revised May, 1985” and another folder with a previous version of the campaign plan (n.d.)
    
    
    
    • Folder labeled “Tomson vs. Stephan, Attorney Correspondence”—includes correspondence regarding both Tomson lawsuits (1982-1985).
    
    
    
    • Folder labeled “Miscellaneous Information—1988”—includes misc. correspondence (01/1988-09/1988) as well as an index of the contents.
    
    
    
    • Removal Notice. Removed: Audio cassette tape labeled “Government Exhibit W16-66, 92-20003-01” and “O’Neal 10/31, Phelps 11/1, Phelps 11/2” and “KWBW—Hutchinson, KHUT” (n.d.).
    
    
    
    • Folder labeled “Duplicates”—includes copies of financial evidence (n.d.).
    
    
    
    • Folder labeled “Interrogatories, Pl’s interrog. To Defs”—includes Tomson’s interrogatories of Stephan and Storey (1986-1988).
    
    
    
    • Folder labeled “Kansas Racing Commission Information”—includes information on a case involving the Kansas Racing Commission that is tangentially related to the Tomson case due to Stephan’s involvement (1988).
    
    
    
    • Folder labeled “Interrogatories”—includes a copy of Plaintiff’s Response to: Defendant Bob W. Storey’s Interrogatories to Plaintiff” (5/12/1986).
    
    
    
    • Folder labeled “Kansas Tort Claims Act—Indemnity on Stephan Claim”—includes memo from Sabin Thompson to Krueger regarding the referenced matter (10/10/1989).
    
    
    
    • Folder labeled “Letter to Richard Braun from Ann Hoover” (11/30/1987).
    
    
    
    • Folder labeled “Pinegar Memo to Sounding Board”—includes a memo regarding Stephan’s campaign (07/19/1985).
    
    
    
    • Folder labeled “Statement of Substantial Interests for State Employees, Stephan” (04/28/1989).
    
    
    
    • Folder labeled “Request for Admission”—includes a copy of the request by Fred D. Thompson and Richard J. Braun—plaintiff’s counsel (05/11/1988).
    
    
    
    • Folder labeled “Telephone Calls by Stephan to Vern Miller, Alan Rupe, & Bob Howard”—includes a list of dates and times of the calls referenced (1985).
    
    
    
    • Folder labeled “Telephone Records, Campaign Line to Hubbard” (1985).
    
    
    
    • Folder labeled “Plaintiff’s Interrogatories to Defendants” (04/19/1983-11/23/1987).
    
    
    
    • Folder labeled “Lewis, Cindy”—includes a copy of Cindy Lewis’ deposition (03/25/1987).
    
    
    
    • Folder labeled “Miller, Bruce”—includes a copy of Bruce Miller’s deposition (09/25/1987).
    
    
    
    • Folder labeled “Phelps, Marge”—includes a copy of Marge Phelps’ deposition (11/25/1986).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Trial Exhibits”—includes Plaintiff’s Exhibits 1-91 (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Trial Exhibits”—includes Plaintiff’s Exhibits 92-103 and 197-222 (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Trial Exhibits”—includes Plaintiff’s Exhibits 117-155 and 223-234 (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Trial Exhibits”—includes Plaintiff’s Exhibits 104-116 and 160-169 (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan, Trial Exhibits”—includes Plaintiff’s Exhibits 159 and 170-196 (n.d.).
    
    
    
    • Folder labeled “Ramada Inn Invoice, Kitchen Cabinet” (07/16/1985).
    
    
    
    • Folder labeled “Market Opinion Research Invoices, For Work on Stephan’s Campaign” (05/10/1985, 09/04/1986).
    
    
    
    • Folder labeled “Tomson Personnel File” (ca. 1982-1987). ACCESS CLOSED
    
    
    
    • Folder labeled “Deposition Exhibits—Vern Miller”—includes a copy of Miller’s Deposition Exhibit 22 (06/10/1987).
    
    
    
    • Folder labeled “Attorneys Appearing in Tomson I & II”—includes a list of all attorneys involved in the Tomson case (n.d.).
    
    
    
    • Folder labeled “Debtor’s Petition Bankruptcy”—includes copies of Stephan’s bankruptcy filing (03/31/1989).
    
    
    
    • Folder labeled “341 Hearing, Bankruptcy, Stephan”—includes a copy of the hearing transcript (05/21/1989).
    
    
    
    • Folder labeled “Calendar—1985 Desk Calendar, Stephan”—includes copies of Stephan’s schedule (02/1985-04/1985).
    
    
    
    • Folder labeled “Campaign Disclosure Report, January 9, 1990, Stephan.”
    
    
    
    • Folder labeled “Campaign Disclosure Report, July 30, 1990, Stephan.”
    
    
    
    • Folder labeled “Instructions to Jury” (11/07/1988).
  
  
  
  • Box 9
    
    
    • Folder labeled “Tomson vs. Stephan”—includes a letter from Tomson’s daughter, Linda Hoffman, to Krueger regarding the toll of this case on her mother (ca. 1988) ACCESS CLOSED.
      
      
    • Binder labeled “Tomson vs. Stephan & Storey, Case No. 84-4485-S, Depositions”—includes the depositions of Mark D. Lasater, Cindy Lewis, Bruce Miller, Fred Phelps, Sr., Marge J. Phelps, John S. Ranson, and Terry Ray (ca. 1986-1987).
    
    
    
    • Binder labeled “Thomson [sic] vs. Stephan & Storey, Case No. 84-4485-S, Depositions”—includes the depositions of Patricia Clark, Walter Cobler, Eldon Danenhauer, and Kathleen Deines (ca. 1987).
    
    
    
    • Folder labeled “Client: Tomson, Marcia, Opposing Party: Stephan, Client/Matter Number: 87-106-A”—includes Krueger’s client file for Tomson with her contact information (08/06/1987).
    
    
    
    • Folder labeled “Defendant’s Request for Production of Documents”—includes Bob W. Storey’s Request for the Production of Documents to Plaintiff Marcia Tomson (09/11/1987) and Plaintiff’s Response to Bob W. Storey’s Request for the Production of Documents (10/08/1987).
    
    
    
    • Folder labeled “Plaint. Response to Def. Stephan’s Third Request for Production and Interrogatories” (08/1987-09/1987).
    
    
    
    • Folder labeled “Defendant’s Request for Admissions” (11/22/1985).
    
    
    
    • Folder labeled “Discovery Motions & Orders” (1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan & Storey”—includes a copy of Plaintiff’s Response to First Set of Interrogatories to Plaintiff (11/23/1985) and Supplemental Response to Interrogatories (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes documents related to Stephan’s bankruptcy (1988-1989).
    
    
    
    • Folder labeled “Smoot, Brad—Phone Records”—includes copies of the referenced phone records and a letter to Margie Phelps from Stephan’s attorney, Carl A. Gallagher (05/22/1987).
    
    
    
    • Folder labeled “Stephan Campaign Telephone Toll Records, 913-234-6441, 2/11/85-5/11/85.”
    
    
    
    • Folder labeled “Phelps Chartered Telephone Toll Records 913-233-4162”—includes redacted and unredacted copies of the referenced phone records (ca. 1986-1987).
    
    
    
    • Folder labeled “Miscellaneous Information—1982”—includes documents related to the first Tomson lawsuit and an index of folder contents.
    
    
    
    • Loose letter from Margie Phelps to Krueger regarding press coverage of Stephan (10/01/1988).
    
    
    
    • Loose documents including Plaintiff’s Exhibit 129 (n.d.)
  
  
  
  • Box 10
    
    
    • Folder labeled “Miscellaneous”—includes copies of discovery documents and attorney correspondence (ca. 1987).
    
    
    
    • Folder labeled “Miscellaneous Information—1987”—includes an index of the folder contents.
    
    
    
    • Folder labeled “Miscellaneous Information—1985”—includes an index of the folder contents.
    
    
    
    • Folder labeled “Duplicate Miscellaneous Information” (ca. 1985).
    
    
    
    • Loose copy of Storey’s Press Release—Plaintiff Exhibit 195 (10/29/1985).
    
    
    
    • Bound copy of Storey’s deposition (11/21/1986).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes Plaintiff’s deposition exhibits (n.d.).
    
    
    
    • Copy of the deposition of Terry Ray (09/25/1987) in plastic report cover.
    
    
    
    • Folder labeled “Telephone & Calendar Records” (ca. 1985).
    
    
    
    • Folder labeled “Stephan: Newspaper Clips” (ca. 1985).
    
    
    
    • Loose documents including copies of exhibits (Plaintiff’s and Deposition) and a list of the Plaintiff’s Exhibits (n.d.).
    
    
    
    • Folder labeled “Press Clippings”—includes a copy of Deposition Exhibit 15: “Stephan: Newspaper Clips” (ca. 1985).
    
    
    • Folder labeled “Newspaper – Dep. Ex. #7”—includes a copy of Deposition Exhibit 7 (ca. 1979-1985).
    
    
    • Bound copy of the deposition of Marcia Tomson (11/19/1986).
  
  
  
  • Box 11
    
    
    • Folder labeled “Tomson vs. Stephan & Storey”—includes copies of the Plaintiff Exhibit List, Plaintiff’s Witness List, and Plaintiff’s Response to Defendants’ Motions to Reconsider (10/14/1988), as well as a copy of Deposition Exhibit 5 and the deposition of Mark D. Lasater (07/29/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan—Evidence”—includes a copy of a memo regarding Phelps Chartered schedule (04/29/1985-05/04/1985).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey”—includes a copy of the deposition of Vern Miller (09/01/1987).
    
    
    
    • Bound copies of the depositions of Cindy Lewis, along with the Deposition Exhibit Lewis 1 (03/25/1987), Robert T. Stephan (01/17/1986), Kathleen A Deines (07/29/1987), Douglas L. Bailey (03/26/1987), and Mark D. Lasater (07/29/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of calendar entries produced by the defendant (10/18/1987) and a copy of a newspaper article regarding the second Tomson lawsuit (12/10/1986).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of Deposition Exhibit 1 and the depositions of John Samuel Ranson (11/24/1986), Cindy D. Lewis (03/25/1987), Kathleen A Deines (07/29/1987), and Mark D. Lasater (07/29/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan and Storey”—includes copies of the depositions of Bradley James Smoot (11/24/1986) and Kathleen A Deines (07/29/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of Tomson’s calendar, receipts, taxes, etc. (ca. 1984-1987). ACCESS CLOSED
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes a copy of Vol. II of Stephan’s deposition (04/14/1987) and Deposition Exhibits.
    
    
    
    • Folder labeled “Plaintiff’s Discovery, Marcia Tomson vs. Robert T. Stephan and Bob W. Storey, Case No. 85-4485-S” with subfolders including: “Tomson”—includes volumes XIII, XIV, XV of Opinions of the Attorney General (1979, 1980, and 1981, respectively); a loose copy of Stephan’s deposition Vol. II (04/14/1987) and evidence regarding Tomson’s employment with Kimberly Services, Inc. (ca. 1986) ACCESS CLOSED; “Defendant’s Interrogatories” (10/1987-05/1988); “Plaintiff’s Request for Admissions” (07/09/1987); “Pleadings & Orders” (07/1987-08/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of volumes I & II of Tomson’s depositions (02/18/1983).
    
    
    
    • Unlabeled folder with Miller’s Deposition Exhibit 23, his 1985 calendar.
  
  
  
  • Box 12
    
    
    • Binder labeled “Tomson v. Stephan, Defendant’s Exhibits—Book 1, Copy 2”—includes copies of exhibits and the Exhibit Sheet indexing binder contents (n.d.).
    
    
    
    • Binder labeled “Tomson v. Stephan, Defendant’s Exhibits—Book 2, Copy 1”—includes copies of the exhibits (n.d.).
    
    
    
    • Binder labeled “Tomson v. Stephan, Defendant’s Exhibits—Book 2, Copy 2” (n.d.).
    
    
    
    • Unlabeled binder—includes misc. copies of court documents and discovery documents including a large number of loose documents shoved into the binder (ca. 1985-1988).
    
    
    
    • Binder labeled “Thompson [sic] vs. Stephan & Storey, Case No. 85-4485-S, Depositions”—includes copies of the depositions of William H. Reeder (09/25/1987), Shirley Phelps-Roper (01/25/1986), Roger Sink (09/25/1987), Bradley James Smoot (11/24/1986), and Robert T. Stephan Vol. I (01/17/1986) and Vol. II (04/14/1987).
    
    
    
    • Removal Notice. Removed: Audiocassette labeled “ 427.”
    
    
    
    • Removal Notice. Removed: Unlabeled VHS tape.
  
  
  
• Subseries 3—Media Coverage (1982-1992)
  
  
  • Box 13
    
    
    • Folder labeled “Misc. Newspaper Clippings”—includes copies of newspaper articles (05/1985-09/1985).
    
    
    
    • Folder labeled “Hubbard, Dee”—includes a copy of a Kansas Business News article regarding Hubbard’s success (ca. 10/1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of news articles regarding the case (04/1985).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes newspaper clippings about Stephan’s campaign (ca. 1986).
    
    
    
    • Unlabeled folder—includes newspaper clippings about Stephan (ca. 1992).
    
    
    
    • Folder labeled “Press”—includes copies of articles (1985-1987).
    
    
    
    • Unlabeled folder—includes copies of articles and newspaper clippings about Stephan (1985-1988).
    
    
    
    • Folder labeled “Tomson v. Stephan (II), Newspaper Articles, 1988” —includes one article (08/08/1988).
    
    
    
    • Folder labeled “Undated Articles”—includes copies of articles (n.d.).
    
    
    
    • Folder labeled “Miscellaneous Newspaper Articles, 1987.”
    
    
    
    • Folder labeled “Marcia Tomson—Potential”—includes newspaper clippings (ca. 1988).
    
    
    
    • Loose clipping advertising Bert Cantwell’s campaign for attorney general (n.d.).
    
    
    
    • Unlabeled binder—includes copies of newspaper articles arranged by date (1982-1988).
    
    
    
    • Loose newspaper clippings (11/01/1988).
  
  
  
• Subseries 4—Research and Notes (1983-1989). ACCESS CLOSED
  
  
  • Box 14
    
    
    • Five folders labeled “Notes”—includes handwritten notes (n.d.).
    
    
    
    • Three folders labeled “Notes—Tomson vs. Stephan”—includes handwritten notes (n.d.).
      
      
    • Folder labeled “Miscellaneous Information—1986, Tomson v. Stephan”—includes an index describing the contents—handwritten notes (01/07/1986) and memorandum from Margie Phelps (09/16/1986).
      
      
    • Folder labeled “Case Cites Used for Tomson Case”—includes research consisting of copies of court decisions with relevant portions highlighted (n.d.).
      
      
    • Bound copy of deposition of Douglas L.Bailey (03/26/1987) with loose documents inserted, including typed notes about Vern Miller, newspaper clippings and copies of articles, typed notes on the relevant Kansas statutes (11/01/1988) and copies of correspondence (ca. 1987-1988).
      
      
    • Folder labeled “Tomson vs. Stephan”—includes research such as excerpts from dictionaries, excerpts from Robert Stephan’s deposition, copies of correspondence, copies of exhibit lists, and copies of proceedings (ca. 1987-1988).
      
      
    • Folder labeled “Tomson vs. Stephan”—includes copies of the depositions of Walter Cobler, William H. Reeder, Roger Sink and Eldon Danenhauer (09/25/1987) along with pages from the Orientation Manual for U.S. Attorneys and handwritten notes.
      
      
    • Loose copies of research, including a copy of the Memorandum of Law in Support of Defendant (06/22/1988).
      
      
    • Folder labeled “Witness Notes (Tomson Case)”—includes notes about witnesses (n.d.).
      
      
    • Folder labeled “U.S. District Court Order Re: Willie Carr v. Charles Efflandt” (08/31/1984).
      
      
    • Folder labeled “U.S. District Court Order Re: F.D.I.C. v. Gary Frazier” (n.d.).
      
      
    • Unlabeled folder with a memo from Marge Phelps (10/27/1988).
      
      
    • Folder labeled “ABA Ethics Code on Recording Conversations”—includes a copy of an excerpt from the American Bar Association’s Lawyers’ Manual on Professional Conduct (n.d.).
      
      
    • Folder labeled “Tomson—Diversity Research” (ca. 1988).
      
      
    • Loose documents including handwritten notes and a pamphlet for publications regarding civil rights and civil liberties litigation (n.d.).
  
  
  
  • Box 15
    
    
    • Copy of the deposition of Patricia Clark (09/25/1987) in a report folder with loose copies of Clark’s affidavit (02/24/1983) and handwritten notes.
    
    
    
    • Unlabeled folder—includes copies of court documents related to Tomson’s complaint, handwritten notes, research, etc. on the Tomson case (1986-1987).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes copies of documents relating to depositions, correspondence, newspaper clippings, research, etc. (ca. 1987-1988).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes misc. correspondence, copies of subpoenas, newspaper clippings and articles, copies of phone records, research, etc. (ca. 1985-1988).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes handwritten notes, newspaper clippings, copies of Plaintiff’s Response and Memorandum of Law in Opposition to Defendant’s Motions for Summary Judgement and Plaintiff’s Exhibits to her Response to Summary Judgment Motions (ca. 1988).
    
    
    
    • Unlabeled folder—includes ABA Journal (10/01/1988), Litigation (Summer 1988), and Tennessee Attorneys Memo (09/05/1988).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes misc. handwritten notes, a copy of the Plaintiff’s Exhibit List (10/14/1988), newspaper clippings, and a copy of the deposition of James W. Garrett, Sr. (09/25/1987).
    
    
    
    • Fed Ex envelope—includes handwritten notes (04/07/1985).
    
    
    
    • Binder labeled “Alabama Criminal Code, State vs. LaDonna Tucker”—includes copies of excerpts from the code (n.d.).
    
    
    
    • Removal Notice. Removed: Copy of the Medical Airman’s Manual (1970)—was previously bound but was loose in the box with significant mold on the spine—was disposed due to deteriorated and moldy condition and questionable relevance.
    
    
    
    • Copy of Federal Court Rules for the State of Kansas in a plastic report cover (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes handwritten notes regarding the Tomson case (n.d.).
    
    
    
    • Folder labeled “Tomson vs. Stephan”—includes handwritten notes, excerpts of Vern Miller’s deposition with sections highlighted, copies of articles, copy of Amended Notice of Appeal from Part of Judgment (03/20/1989), and information regarding potential witnesses (11/04/1988).
    
    
    
    • Unlabeled folder with subfolders—includes two empty subfolders and a third subfolder labeled “Jury Instructions, Tomson” with copies of the court’s instructions to the jury and research (ca. 1988).
    
    
    
    • Unlabeled folder—includes research and handwritten notes (n.d.).
    
    
    
    • Two unlabeled spiral notebooks —include handwritten notes regarding the Tomson case (n.d.)

• Subseries 1—Discovery Documents (1985, 1993)
  
  
  • Box 16
    
    
    • Folder labeled “State vs. Phelps and Hockenbarger”—includes copy of Plaintiff’s Exhibit 21 (letters to the district attorney, Joan M. Hamilton, regarding the Phelps), Plaintiff’s Exhibit 16 (note and memo regarding Phelps arrest), Plaintiff’s Exhibit 18 (notes regarding Phelps pickets), Plaintiff’s Exhibit 19 (notes regarding the Phelps), photocopied photos, Plaintiff’s Exhibit 17 (letters to and from DA Hamilton regarding the Phelps), copy of Facts Reflecting Defendant’s Bad Faith Provided by the Plaintiffs in Partial Response to Interrogatories (ca. 1993).
    
    
    
    • Folder labeled “Phelps, Fred Sr., Telephone Records (From Carl Gallagher’s Records)” (ca. 1985).


• Subseries 2—Research and Notes (1993-1995). ACCESS CLOSED
  
  
  • Box 17
    
    
    • Unlabeled binder—includes information regarding State vs. Karl D. Hockenbarger Case No. 95-CR 1029 (Mercer incident), such as juror information, copies of pleadings with an index, copies of the police reports, and a summary of the case from the Phelps’ and Hockenbargers’ perspectives (ca. summer 1995).
    
    
    
    • Unlabeled binder—includes information regarding State vs. Fred W. Phelps, Sr. Case No. 95-CR 1025 (Hoobler incident), such as juror information, copies of pleadings with an index, copies of other court documents and discovery documents, and copies of the police reports (ca. summer 1995).
    
    
    
    • Unlabeled binder—includes information regarding State vs. Fred W. Phelps, Sr. Case No. 95-CR 1027 (Ridenour incident), such as juror information, copies of pleadings with an index, copies of other court documents and discovery documents, and copies of the police reports; also includes loose materials such as handwritten and typed notes (ca. summer 1995).
  
  
  
  • Box 18
    
    
    • Folder labeled “State of Kansas vs. Karl D. Hockenbarger, State of Kansas vs. Jonathan B. Phelps”—includes notes, research, copies of court documents, evidence in the form of transcripts, and a newspaper article regarding the above-named case, which was an incident during a WBC picket resulting in battery charges against Karl Hockenbarger and Jonathan Phelps—Mercer incident (ca. 1994-1995).
    
    
    
    • Folder labeled “State of Kansas vs. Karl D. Hockenbarger and Jonathan B. Phelps”—includes typed notes, copies of jury instructions, memos, police and security reports, court documents, news articles and clippings, transcripts, research and photocopied photos of WBC pickets—York incident (ca. 1994-1995).
    
    
    
    • Folder labeled “State vs. Phelps and Hockenbarger”—includes handwritten notes; copies of plaintiff’s exhibits; the Transcript of the Testimony of Joseph Ledbetter, Edwin D. Jefferson, Fred Phelps, Jr., and Edward Engel; photocopied photos (original photos removed for storage with other photos); jury list (ca. 1995).
    
    
    
    • Folder labeled “State vs. Phelps and Hockenbarger”—includes typed and handwritten notes on witnesses, research, court documents, police reports, photo prints and copies, video transcripts, jury instructions, and closing arguments—Hoobler and Berger incidents (ca. 1994-1995).
    
    
    
    • Loose photocopies of two enlarged photo prints (12/18/1994) showing pickets of St. David’s church—originals removed for storage with other photos.
    
    
    
    • Folder labeled “State vs. Phelps and Hockenbarger”—includes photocopied photos, copies of court documents including excerpts from trial transcripts, jury lists, handwritten and typed notes, witness statements, and video transcripts—Berger incident (ca. 1995).
    
    
    
    • Folder labeled “State vs. Phelps and Hockenbarger”—includes copies of video transcripts, memo to WBC picketers regarding the cases (07/09/1995), court documents, evidence of whereabouts, juror information in a report cover, photocopied photos of pickets, news articles, Plaintiff’s exhibits, police reports, and handwritten and typed notes (ca. 1993-1995).
    
    
    
    • Unlabeled binder—includes information regarding State vs. Fred W. Phelps, Sr. and Charles W. Hockenbarger Case No. 95-CR 1024 (Hoobler incident), such as juror information, copies of court documents, copies of discovery documents, notes about the case, and loose photocopied photos of the pickets (ca. summer 1995).
    
    
    
    • Unlabeled folder—includes memo (09/01/1989) regarding the testimony transcripts for Margie J. Phelps, Shirley L. Phelps-Roper, and Louis Marvin and a copy of the envelope from Robert T. Stephan to Shirley Phelps-Roper.
    
    
    
    • Unlabeled binder—includes information regarding State vs. Benjamin C. Phelps Case No. 95-CR 1022 (Berger incident), such as juror information, copies of pleadings with an index, and copies of the police reports; also includes loose materials such as video transcripts and handwritten and typed notes (ca. summer 1995).

Biog. Sketch (Full):

Donald Carl Krueger was born on December 20, 1945, in Emporia, Kansas, the son of Charles William, Sr., and Rita Mary Kuhlmann Krueger. Donald graduated from Olpe High School in Kansas in 1963, and received his bachelor of arts degree in geography from Emporia State University in Kansas. He served in the United States Air Force from 1968 until 1972 and was commissioned as a staff sergeant. Krueger began his military service at Norton Air Force Base in San Bernardino, California, and completed his duties in Goose Bay, Labrador, as a medical corpsman.

Donald practiced as a criminal defense and civil attorney in Emporia for thirty-seven years after his graduation from Washburn University School of Law in Topeka, Kansas, in 1975. He was a member of the the Lyon/Chase Counties Bar Association, Kansas State Bar Association, Kansas Trial Lawyers Association, and the National Association of Criminal Defense Lawyers. Krueger died October 2, 2012, and is buried at St. Joseph Catholic Cemetery, Olpe, Kansas.

Scope and content:

The Donald Carl Krueger papers consist of the attorney’s records, which include various court and discovery documents such as motions, memorandums, depositions, and exhibits, as well as newspaper and magazine articles and various research and notes. Although there is some overlap within folders and binders, the collection was organized at the folder level, therefore folders containing more than one type of record were filed within the series and sub-series to which it was most relevant. The collection is arranged in two series, each with applicable sub-series:

Series 1—Marcia Tomson vs. Robert T. Stephan and Bob W. Storey (1954-1992, bulk 1985-1989)
Consists of fifteen boxes containing Krueger’s professional records related primarily to Marcia Tomson’s second lawsuit against Robert T. Stephan, organized into four sub-series as follows:

• Sub-series 1—Court Documents (1982-1989)
  Consists of five boxes; includes documents filed with the court, such as motions, memorandums, pleadings, correspondence between the court and attorneys, etc.



• Sub-series 2—Discovery Documents (1954-1990)
  Consists of seven boxes; includes depositions, interrogatories, requests for admissions, requests for document production, various exhibits, and correspondence related to the discovery process.



• Sub-series 3—Media Coverage (1982-1992)
  Consists of one box; includes news articles and clippings from newspapers and magazines not included in the discovery process.



• Sub-series 4—Research & Notes (1983-1989)
  Consists of two boxes; includes miscellaneous research and notes related to the Tomson case, which are currently closed due to attorney-client privilege.

• Sub-series 1—Discovery Documents (1985, 1993)
  Consists of one box with two files; includes discovery documents such as redacted phone records and
  plaintiff’s exhibits.



• Sub-series 2—Research & Notes (1993-1995)
  Consists of two boxes; includes primarily research and notes, though some court documents, discovery
  documents, and news clippings are also included, as noted above. Access currently closed due to attorney-client privilege.

Restrictions:

Access to records within the sub-series “Research and Notes” in each series is closed due to attorney-client privilege.

Access to specific folders, noted in the Summary, is closed during the lifetimes of the named litigants in the records due to the intrusive personal information and Social Security numbers contained within them.

Use and reproduction: Manuscript collections and archival records may contain materials with sensitive or confidential information that is protected under federal or state privacy laws and regulations, including exceptions to the Kansas Open Records Act, as amended (K.S.A. 45-221(a)); provisions of the U.S. Government Privacy Act of 1974, as amended (5 USC 552(a)); and laws protecting Social Security numbers (42 USC 408(a)(8)). The disclosure of sensitive or confidential information that may appear in these records about living individuals without their permission may give those individuals cause for legal action against the person(s) disclosing the information. While the Kansas Historical Society attempts to redact known sensitive or confidential information before records are given to researchers, it cannot guarantee that all such information has been purged from the records that it furnishes for researcher use, and it assumes no responsibility for the disclosure of such information. Researchers are advised to be mindful of individuals' privacy rights in their use of archival collections.

Use and reproduction: Information on copyright available from the Kansas Historical Society (Topeka).

Cite as: Donald Carl Krueger papers, Ms. Collection No. 889, Kansas Historical Society.

Action note: Collection description written by Julie Temple, intern, 2014.

Holder of originals: Kansas State Historical Society (Topeka).