TOPEKA, Kan. (AP) — A weekly central Kansas newspaper and its publisher filed a federal lawsuit Monday over police raids last summer of its offices and the publisher’s home, accusing local officials of trying to silence the paper and causing the death of the publisher’s 98-year-old mother.
The lawsuit did not include a specific figure for potential damages. However, in a separate notice to local officials, the paper and its publisher said they believe they are due more than $10 million.
The lawsuit from the Marion County Record’s parent company and Eric Meyer, its editor and publisher, accuses the city of Marion, the Marion County Commission and five current and former local officials of violating free press rights and the right to be free from unreasonable law enforcement searches guaranteed by the U.S. Constitution. The lawsuit also notified the defendants that Meyer and the newspaper plan to add other claims, including that officials wrongly caused the death of Meyer’s mother the day after the raids, which the lawsuit attributes to a stress-induced heart attack.
The raids put Marion, a town of about 1,900 people set among rolling prairie hills about 150 miles (241 kilometers) southwest of Kansas City, Missouri, at the center of a national debate over press freedoms. It also highlighted the intense divisions over a newspaper known for its aggressive coverage of local issues and its strong criticism of some officials.
The city’s former police chief — who later resigned amid the ongoing furor — justified the Aug. 11 raids by saying he had probable cause to believe the newspaper and a reporter potentially committed identity theft and other computer crimes in obtaining and verifying information about a local business owner’s driving record. The lawsuit claims the paper and its reporters did nothing illegal, the search warrants were improper and officials had longstanding grudges against the newspaper.
“The last thing we want to do is bankrupt the city or county, but we have a duty to democracy and to countless news organizations and citizens nationwide to challenge such malicious and wanton violations,” Meyer said in a statement.
The city of Marion’s budget for 2023 was about $8.7 million, while the county’s budget was about $35 million.
Besides the city, defendants in the lawsuit include former Marion Mayor David Mayfield, who retired from office in January; former Police Chief Gideon Cody, who stepped down in October; and current Acting Police Chief Zach Hudlin, who as an officer participated in the raids. Marion County Sheriff Jeff Soyez, the county commission and a former deputy who helped draft the search warrants used in the raids are the other defendants named.
The newspaper had investigated Cody’s background before the city hired him last year. The lawsuit alleges Soyez regularly said that he did not approve of Meyer’s “negative attitude.”
The newspaper’s attorney, Bernie Rhodes, noted that when police raided the home that Meyer and his mother shared, she told the former police chief, “Boy, are you going to be in trouble.”
“My job is to make sure Joan’s promise is kept,” Rhodes said in his own statement.
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