Marion County, Kansas Has Racked Up $4 Million In Settlements Since It Raided A Local Paper’s Office

from the millions-gone-just-because-no-adults-were-in-the-room dept

Sure, the town’s insurance will pay most of this, but it’s probably fair to say most of this small county’s population (11,823 at last count) wasn’t supportive of local law enforcement’s decision to violate as much of the First Amendment and Fourth Amendment as possible in the apparent hopes of making one local business owner happy.

The backstory is long and convoluted. It involves a local business owner who wanted a liquor license (but had been cited/arrested from drunk driving), her estranged spouse (who shared some documents with Marion County Record reporters), a local attorney who just wasn’t up to the job, a police chief who was far too friendly with the business owner, and a bunch of other law enforcement agencies that pitched in with the constitutional violations just because. And all of that is on top of then-police chief Cody’s animus towards the paper, due to its reporting on his past misconduct.

Here’s a summation of the events leading up to the raid.

There’s Kari Newell, a local business person who was seeking a liquor license for a new business when her previous drunk-driving record became public. There’s County Attorney Joel Ensey, who claimed to have no knowledge of the raid until public records showed he actually knew plenty about it beforehand. There’s the Kansas Bureau of Investigation, which also disavowed all knowledge, until it became clear it had knowledge as well, at which point it began publicly condemning Chief Cody and his department. There’s the mayor who didn’t like his deputy mayor and seemed to be all too willing to indulge the police chief. There’s the judge who signed off on the search warrants without reading them and then tried to distance herself from actions — a judge who apparently had some drunk driving problems of her own. There are the communications Chief Cody made to Kari Newell, informing her he was going to raid the newspaper to shut down its coverage of her and, presumably, any further investigation into his law enforcement past. In the middle of all of this, there’s some bullshit computer crime charges, which were invoked despite the newspaper accessing driver record data legally through a third party.

Following the raids — that’s right, raids — multiple lawsuits were filed. Not only did the Marion County PD (under the leadership of Gideon Cody, whose past misconduct was being examined by the local paper) talk a local court into blessing its raid of the newspaper’s office, it also raided the home of the paper’s owner, 98-year-old Joan Meyer, who died less than 48 hours after the raid.

Pretty much every lawsuit filed by the victims of these raids has paid out. Last November, the county agreed to pay $3 million to three of the affected journalists and one of the town’s city council members, who was also subjected to an illegal raid by local officers.

That large settlement followed a $235,000 settlement the town agreed to pay to Marion County reporter Deb Gruver, whose computer was seized along with her personal cell phone by local law enforcement officers.

That brings the total to $3,235,000 (at minimum!). The latest settlement — one that will be paid to another of the paper’s reporters — now means county residents will be asked to contribute to a tab that has now surpassed the $4 million mark:

Phyllis Zorn, the reporter whose acts of journalism served as an excuse for the August 2023 police raid of the Marion County Record, will get $850,000 from the city of Marion to settle her federal lawsuit over the raid.

This is the sort of thing that should make all good Americans yank on their imaginary suspenders and get their rural lawyer shtick on. We should — as a unified drawl — make it clear that we, as the collective “small town lawyer,” think this is some disturbing bullshit. And we should fervently argue in favor of large settlements, even if we know this just means our fellow Americans will be asked to give a little more the next time the budget’s on the agenda.

While I do think its sucks that the public has to pay the price for government malfeasance, things like this encourage more people to vote with their wallets. That doesn’t mean funneling money into some PAC. That means protecting your earnings by expelling the people who were on board with these blatant violations of constitutional rights. And Marion County residents aren’t done paying for the perverse acts of prosecutors, law enforcement, and the mayor who had the cops’ back all the way through this debacle:

Zorn previously received $600,000 from the county, which settled various lawsuits over the raid for a collective $3 million last fall. The city has not yet settled lawsuits filed by newspaper publisher Eric Meyer and former city Councilwoman Ruth Herbel. Former reporter Deb Gruver settled with the city in 2024 for $235,000.

The county government is making things right. That it’s doing this with other people’s money doesn’t mean the settlements are meaningless. We, the people, should simply rejoice in our magnanimous nature. Even though we’re getting fucked, we can at least take heart in the fact that we were invited to the climax.

Filed Under: 1st amendment, 4th amendment, journalism, kansas, marion county pd, phyllis zorn

Companies: marion county record