Kansas newspaper sues city for police raid; damages could exceed $10M

Apr 3

By Lauren Taylor (Anchor), Evan Hummel (Producer), Jake Maslo (Video Editor)

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In a lawsuit filed on Monday, April 1, the Marion County Record — a weekly newspaper in Kansas — and its publisher, Eric Meyer, said that raids by the local police department at the newspaper’s offices and the publisher’s home subjected its staff to unreasonable searches and seizures. The lawsuit also alleges that the raid of the publisher’s home led to the death of his mother, who lived with Meyer.

The police department reportedly seized the publication’s computers, cellphones from reporters and sensitive documents. In total, the plaintiffs estimate that they are looking at more than $10 million in damages.

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Meyer claims in the lawsuit that the stress of the police department’s actions during the raids caused his mother’s deadly heart attack a day after the incident.

In a notice to local officials, the paper and its publisher said they believe they are owed more than $10 million. Marion’s city budget is only $8.7 million in total. Meyer said that he does not intend to “bankrupt” the city but cited a “duty to democracy and to countless news organizations nationwide to challenge such malicious and wanton violations.”

The former police chief who was part of the raids, Gideon Cody, claimed the police department’s actions were in response to the newspaper’s story about a local restaurant owner. The article in question uncovered the restaurateur’s past DUI conviction and reported proof of her driving in spite of a suspended license.

Cody, who resigned amid backlash from the raids, claimed he had probable cause to believe the newspaper and reporter engaged in identity theft and other crimes in covering the story.

However, the plaintiffs in the lawsuit contend that the reporter did nothing illegal and say the search warrants were motivated by long-held grudges by local officials.

The Marion County Record looked into allegations of misconduct by Cody before his hire in Marion while he worked for the Kansas City Police Department. When the newspaper reached out to Cody about the accusations, he reportedly threatened to sue the paper if it published the accusations. Meyer told NPR that Cody “has reason not to like us.”

The lawsuit says it seeks justice for “intolerable” violations of U.S. constitutional rights and to prevent the “next crazed cop from threatening democracy,” specifically mentioning Cody.

The newspaper’s attorney said Meyer’s late mother, Joan Meyer, told police who raided her shared home with her son, “Boy, are you going to be in trouble.” The attorney said that he intends to “make sure Joan’s promise is kept.”

The defense attorney who represents the city as well as former and current city officials declined comment.

Meyer, whose father worked for the Marion County Record from 1948 until he retired, bought the paper in 1998. Meyer kept it locally owned following an attempt to buy the paper from a corporate newspaper chain.

Tags: Associated Press, First Amendment, Journalism, Kansas, Lawsuit, Police raid

[JOAN MEYER]

DON’T YOU TOUCH ANY OF THAT STUFF. THIS IS MY HOUSE!

[LAUREN TAYLOR]

A SMALL-TOWN KANSAS NEWSPAPER AND A LOCAL POLICE DEPARTMENT ARE AT THE HEART OF A CASE WITH IMPLICATIONS FOR CONSTITUTIONAL RIGHTS.

THE MARION COUNTY RECORD, A SMALL WEEKLY NEWSPAPER IN KANSAS, AND ITS PUBLISHER, ERIC MEYER, ARE SUING LOCAL AUTHORITIES AFTER A RAID OF THE PAPER’S OFFICES AND THE PUBLISHER’S HOME LAST YEAR. THEY ARGUE THE INCIDENT SUBJECTED THE PUBLICATION AND ITS STAFF TO UNREASONABLE SEARCHES AND SEIZURES, IN ATTEMPT TO “SILENCE” THEM. MEYER BLAMES THE RAID ON HIS HOME FOR THE DEATH OF HIS MOTHER.

[ERIC MEYER]

DREADFUL PRECEDENT THAT IT MIGHT BE SETTING FOR JOURNALISM IN THIS COUNTRY. I MEAN, THE FACT THAT IT HAPPENS TO A LITTLE WEEKLY NEWSPAPER, MAYBE THEY THINK THAT THEY CAN GO TO A LITTLE WEEKLY NEWSPAPER AND GET AWAY WITH IT AND INTIMIDATE IT. THEY DIDN’T COUNT ON THE FACT THAT LITTLE WEEKLY NEWSPAPER HAS A BACKBONE.

[LAUREN TAYLOR]

THE POLICE SEIZED THE PAPER’S COMPUTERS, CELL PHONES FROM REPORTERS, AND OTHER SENSITIVE DOCUMENTS.

IN TOTAL, THE PLAINTIFFS ESTIMATE THEY’RE LOOKING AT MORE THAN 10-MILLION DOLLARS IN DAMAGES.

MEYER ALSO CLAIMS THE STRESS OF THE POLICE’S ACTIONS CAUSED HIS 98-YEAR-OLD MOTHER TO DIE OF A HEART ATTACK A DAY LATER. HE IS SEEKING COMPENSATION FOR HER FUNERAL EXPENSES AND ESTATE AS WELL.

THERE’S A PROBLEM, THOUGH. THE CITY’S BUDGET IS LESS THAN NINE MILLION DOLLARS.

MEYER SAID THE SUIT DOESN’T INTEND TO “BANKRUPT THE CITY,” BUT CITED A “DUTY TO DEMOCRACY AND TO COUNTLESS NEWS ORGANIZATIONS NATIONWIDE TO CHALLENGE SUCH MALICIOUS AND WANTON VIOLATIONS.”

THE FORMER POLICE CHIEF, GIDEON CODY, CLAIMED THE RAID WAS IN RESPONSE TO THE NEWSPAPER’S STORY ABOUT A LOCAL RESTAURANT OWNER.

THE ARTICLE UNCOVERED THE RESTAURANTEUR’S PAST D-U-I CONVICTION AND PROOF OF HER DRIVING IN SPITE OF A SUSPENDED LICENSE.

CODY, WHO LATER RESIGNED AMID BACKLASH FROM THE RAID, CLAIMED HE HAD PROBABLE CAUSE TO BELIEVE THE PAPER AND REPORTER ENGAGED IN IDENTITY THEFT, AND OTHER CRIMES IN COVERING THE STORY.

HOWEVER, THE PLAINTIFFS CONTEND THE REPORTER DID NOTHING ILLEGAL, AND SAY THE SEARCH WARRANTS WERE MOTIVATED BY LONG-HELD GRUDGES BY LOCAL OFFICIALS.

BEFORE HIS HIRE, THE RECORD LOOKED INTO ALLEGATIONS OF MISCONDUCT BY CODY WHILE HE WORKED FOR THE KANSAS CITY POLICE DEPARTMENT. WHEN THE NEWSPAPER REACHED OUT TO HIM FOR COMMENT, HE REPORTEDLY THREATENED TO SUE THEM. MEYER TOLD NPR CODY “HAS REASON NOT TO LIKE US.”

CODY’S BODYCAM DURING THE RAID WAS REPORTEDLY TURNED OFF WHILE HE LOOKED THROUGH A REPORTER’S FILE ON THE KANSAS CITY INVESTIGATION. THAT FILE CONTAINED CONFIDENTIAL SOURCES AND ALLEGED WARNINGS OF CODY’S BEHAVIOR AT THE K-C POLICE DEPARTMENT.

THE SUIT SAYS IT SEEKS JUSTICE FOR “INTOLERABLE” VIOLATIONS OF CONSTITUTIONAL RIGHTS AND TO PREVENT THE “NEXT CRAZED COP FROM THREATENING DEMOCRACY,” SPECIFICALLY MENTIONING CODY.