Toby Crouse

Toby Crouse

Partner

Kansas City

32 Corporate Woods
9225 Indian Creek Pkwy #600
Overland Park, KS 66210

T: 913.253.2135
F: 866.347.3801

tcrouse@foulston.com

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Profile

Toby Crouse, a partner in Foulston Siefkin’s Kansas City office, represents governments, elected officials, and businesses throughout Kansas in matters ranging from constitutional issues to commercial disputes. Known for handling high-stakes trial and appellate matters, he regularly prosecutes and defends cases in federal and state courts. He has also had the privilege of presenting arguments to state and federal appellate courts as amicus curiae on behalf of clients in the private and public sector.

Toby is recognized as an authority on complex federal and state constitutional law issues. He helped convince the U.S. Court of Appeals for the 10th Circuit to reverse a district court’s injunction entered against the State of Kansas in a Title X dispute that created new law on a novel Supremacy Clause issue. Representing two United States Marshals, Toby twice convinced the 8th Circuit to reverse the district court’s denial of qualified immunity. He was also appointed by the 10th Circuit to represent a pro se litigant who asserted that she was discriminated against in violation of her federal and constitutional rights.

Recognized for delivering his clients’ positions in a powerful, compelling manner to the courts, Toby is driven by his desire to exceed his clients’ expectations at every interaction. That approach includes understanding not only difficult and emerging legal issues, but applying that knowledge in a manner that advances his clients’ interests, and preparing case strategy by asking difficult questions that allow him to anticipate issues and shape convincing, logical, and clear arguments to the courts.

In addition to representing his clients’ interests in court, Toby teaches classes on federal legal issues. Each year, Toby and a colleague present a continuing legal education (CLE) program focused on the latest U.S. Supreme Court decisions for those attending various bar association and university programs, as well as to clients and other groups. He also teaches lawyers and law students practical aspects of Section 1983 litigation with an emphasis on dispositive motions and qualified immunity.

Toby, a lifelong Kansan, enjoys spending time with his family, coaching youth sports, playing golf, and hunting ducks with his Labrador Retriever.

Clerkships

Honorable Mary Beck Briscoe
Circuit Judge, United States Court of Appeals for the Tenth Circuit (August 2002-August 2003)

Honorable Monti L. Belot
District Judge, United States District Court for the District of Kansas (August 2000-August 2002)

Education

  • University of Kansas (J.D., 2000)
    Order of the Coif; Moot Court; Kansas Law Review
  • Kansas State University (BA in History, 1997)
Relevant Experience

Supremacy Clause and First AmendmentPlanned Parenthood of Kan. & Mid-Missouri v. Moser, ___ F.3d ___, 2014 WL 1201488 (10th Cir. Mar. 25, 2014).

Rehabilitation Act and First Amendment: Duvall v. Putnam City Sch. Dist., 530 Fed. Appx. 804 (10th Cir. 2013) (appointed by the Court for pro se plaintiff).

Bivens suit; appeal from denial of qualified immunity with videotape of arrestWright v. United States, 545 Fed. Appx. 588 (8th Cir. 2013).

Non-Economic Damage Cap:Miller v. Johnson, __ Kan. ___, ___ P.3d ___ (295 Kan 636, 289 P.3d 1098, 2012); McGinnes v. Wesley Med. Ctr., 43 Kan. Ct. App. 2d 227, 224 P.3d 581 (2010)

Redistricting Litigation:Essex v. Kobach, 874 F. Supp. 2d___, 1069 (D. Kan. 2012)

Equal Protection – Class Of One:Kansas Penn Gaming, LLC v. Collins, 656 F.3d 1210 (10th Cir. 2011)

Shareholder Derivative: Lightner v. Lightner, 46 Kan. App. 2d 540, 266 P.3d 539 (2011) rev denied (2013)

Rooker-Feldman And Younger Abstention: Orcutt v. Libel, 381 Fed. Appx. 866, 2010 WL 2294518 (10th Cir. June 9, 2010)

Rooker-Feldman And Younger Abstention: Lambeth v. Miller, 363 Fed. Appx. 565, 2010 WL 299244 (10th Cir. Jan. 27, 2010)

County Attorney Not Acting “Under Color Of”: Hall v. Witteman, 584 F.3d 859 (10th Cir. 2009)

Burden Of Proof In An IDEA Due Process Hearing: West Platte R-II School Dist. v. Wilson, 439 F.3d 782 (8th Cir. 2006)

 

Admissions

  • U.S. Supreme Court (2010)
  • U.S. Court of Appeals for the Seventh Circuit (2003)
  • U.S. Court of Appeals for the Eighth Circuit (2005)
  • U.S. Court of Appeals for the Tenth Circuit (2001)
  • U.S. Court of Appeals for the D.C. Circuit (2015)
  • U.S. District Court for the District of Kansas (2000)
  • U.S. District Court for the Western District of Missouri (2001)
  • Kansas (2000)
  • Missouri (2001)
Professional Memberships, Affiliations, and Honors
  • Recognized by Best Lawyers® as the 2014 and 2017 Kansas City, KS Litigation – Municipal “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the area of Litigation – Municipal, 2012 - 2018
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List 2009 and 2011-2016 (a Thomson Reuters business)
  • Named by Benchmark Litigation-Future Star, 2013-2016
  • United States District Court Bench-Bar Committee, 2009, 2010
  • Kansas Bar Association Board of Governors, 2012-Present; Bench-Bar Committee Co-Chair, 2009, 2010
  • Journal of the Kansas Bar Association Board of Editors Member, 2008-Present
  • Johnson County Bar Association
  • Kansas City Metropolitan Bar Association
Presentations

2014

  • OT 2013: Civil Rights Cases (Kansas Bar Association, John E. Shamburg Memorial CLE Series)

2013

  • The Basics of Section 1983 Actions to Enforce Civil Rights (Wichita Bar Association)
  • U.S. Supreme Court Opinions: Summary and Analysis (KBA Annual Meeting 2006-2010; 2012-2013)
  • U.S. Supreme Court Opinions: Summary and Analysis (KU Law Continuing Legal Education 2010-2013)
  • U.S. Supreme Court Opinions: Summary and Analysis (University of Kansas School of Law, 2010, 2012, 2013)

2012

  • Section 1983 and Dispositive Motions (Kansas Bar Association, John E. Shamburg Memorial CLE Series)
Publications

2013

  • OT 2012 U.S. Supreme Court Opinions: Summary & Analysis
    -Supreme Court of the United States

2012

  • Section 1983 and Dispositive Motions
    -John E. Shamburg Memorial CLE Series: The relevance of Civil Rights Encompassing the Daily Practice
  • OT 2011 U.S. Supreme Court Opinions: Summary & Analysis
    -Supreme Court of the United States

2011

2010

  • OT 2009 U.S. Supreme Court Opinions: Summary & Analysis
    -Supreme Court of the United States

2009

  • OT 2008 U.S. Supreme Court Opinions:Summary & Analysis
    -Supreme Court of the United States

2008

  • OT 2007 U.S. Supreme Court Opinions:Summary & Analysis
    -Supreme Court of the United States

2002

  • 42 U.S.C. § 1983: Under Color Of State Law: Identifying Those Who Are or May Be Considered State Actors
    -Wichita Bar Association

2001