CHRIS NAPOLITANO

Shareholder

cnapolitano@enszjester.com

816.474.8010 (Kansas City)
303.228.0702 (Denver)

Mekenzie Campbell, Paralegal

Chris is a member of the National Association of Dealer's Counsel and represents automotive dealers in all aspects of their businesses. From business formation, buy-sells, regulatory compliance, employment disputes, disputes with manufacturers, and defending against consumer protection claims.

In addition to his Auto Dealer practice, Chris routinely represents both businesses and public entities in employment litigation. He also provides proactive pre-litigation advice and counsel to employers on a wide array of employment and human resource issues in an effort to avoid the risk of costly litigation. And, as it relates to his public entity clients, Chris defends public entities and their employees, including elected officials and law enforcement officers, against claims of alleged civil rights violations.

EDUCATION

Washburn University School of Law, J.D., Dean's Honors (2012)

University of Missouri–Kansas City (2009)

BAR ADMISSIONS

Kansas (2012)

Missouri (2014)

Colorado (2022)

United States District Court for the District of Kansas (2012)

United States District Court for the Western District of Missouri (2015)

United States Court of Appeals for the Eighth Circuit (2016)

United States Court of Appeals for the Tenth Circuit (2017)

United States District Court for the Eastern District of Missouri (2019)

Supreme Court of the United States (2021)

AFFILIATIONS

National Association of Dealer Counsel

Missouri Auto Dealers Association

The Missouri Bar

Kansas City Metropolitan Bar Association

RESULTS

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Summary Judgment on Excessive Force Claim

August 1, 2023: Chris Napolitano obtained summary judgment in Federal Court on behalf of a Johnson County municipality in which a plaintiff brought suit under 42 U.S.C. Section 1983 claiming the City violated his Fourth Amendment Right to be free from excessive force stemming from a traffic stop.

Summary Judgment

Chris Napolitano and Matthew Gist obtained summary judgment on behalf of current and former jailers, and the County on a claim by a former inmate accusing them of violating her constitutional rights by failing to provide adequate medical treatment.

Jamie Erwin v. Barry County, Mo. et al, Case No. 21-CV-05030 (Nov. 18, 2022)

Dismissal of Worker's Compensation Retaliation Claim

Matthew Gist and Chris Napolitano obtained dismissal of a claim alleging their client, the City of Raytown, Missouri, retaliated against an employee under the Worker's Compensation laws. After Matt and Chris moved for summary judgment on the claim, instead of opposing it, Plaintiff voluntarily dismissed the claim.

Gant v. Raytown, Case No. 2116-CV07665 (August 16, 2022)

Summary Judgment in Negligence Claim

Chris Napolitano obtained summary judgment for his client, Hendrick Automotive Group, in a negligence case claiming that Hendrick's service department negligently installed new tires on the plaintiff's vehicle, resulting in Plaintiff's injuries after an accident.

Leonard Rrapaj v. Hendrick Automotive Group, Case No. 19CV60226 (Johnson County, Kansas District Court).

Dismissal of Consumer Protection Act Claim

Chris Napolitano and Thomas Osborn obtained a dismissal with prejudice of its client, Hendrick Automotive, in a case brought under the Kansas Consumer Protection Act. Chris and Thomas filed a Motion to Dismiss. Prior to a ruling on the Motion to Dismiss, the Plaintiff voluntarily dismissed Hendrick Automotive without prejudice.

Admir Dzilic v. Joel Waters, et al., Case No. 20AE-CC00071.

Summary Judgment on First Amendment Retaliation Claim

Chris Napolitano obtained summary judgment for his clients, Platte Woods, Missouri; Mayor John Smedley, and Police Chief Jim Kerns on a claim of First Amendment Retaliation brought under 42 U.S.C. Section 1983. Three former police officers. claimed their First Amendment Rights were violated because they felt they were laid off as a result of making complaints about how the police department was being run. The District Court granted summary judgment.

Thomas Noon et al., v. Platte Woods, Mo., et al., Case No. 5:20-CV-06124-SRB (W.D. Mo. 2021)

Success at the Eighth Circuit

Chris Napolitano and Matthew Gist obtained a favorable opinion from the United States Court of Appeals for the Eighth Circuit affirming the District Court's granting of summary judgment in favor of their clients in a case brought by seven former sheriff deputies who were terminated after Sheriff Brad Cole was elected Sheriff in 2015. The former deputies sued under 42 U.S.C. Section 1983 claiming their First Amendment rights were violated because, as they alleged, they were terminated for supporting Sheriff Cole's political opponent during a 2015 special election.

Chris and Matt argued that sheriff deputies in Missouri are the agents of the sheriff and owe the sheriff a duty of loyalty. As a result, the former deputies had no First Amendment right to be the agent of a Sheriff they did not support. The Eighth Circuit agreed and affirmed summary judgment.