Kansas Newspaper Publisher Sues Officials Over Violation of First Amendment Rights in Controversial Raid

Marion, Kansas – The publisher of a Kansas newspaper that was raided by police in August is now taking legal action against the officials involved, accusing them of violating the paper’s First Amendment rights and retaliating against it. The controversial raid on the Marion County Record’s newsroom and the home of its editor and publisher, Eric Meyer, sparked concerns from press and free-speech advocates nationwide. Meyer is claiming that the stress caused by the raid led to the sudden death of his mother, Joan, who co-owned the paper with him.

Multiple Marion officials have since resigned as news outlets flocked to the town following the raid. This latest lawsuit, the fourth against officials involved in the raid, alleges a long-standing animosity between those who executed the raid and the weekly newspaper. The defendants in the lawsuit include the city, Marion County Sheriff Jeff Soyez, Marion County Detective Aaron Christner, the Board of County Commissioners, acting police chief Zach Hudlin, former police chief Gideon Cody, and former mayor David Mayfield.

The county and the acting police chief have chosen not to comment due to the pending litigation. The city attorney’s office, the Board of County Commissioners, Mayfield, and Cody have also not responded to requests for comment. Attempts to reach Christner, who the lawsuit claims drafted the affidavits for Cody prior to the raid, were unsuccessful.

Meyer described the raid as an abuse of power, stating that it “proved fatal to my 98-year-old mother.” He emphasized the importance of upholding freedom of expression and protecting against abuse by those acting under the guise of the law. The lawsuit alleges that the raid was an attempt to silence the press and criticizes officials for obtaining search warrants based on false information and omissions.

Three other lawsuits have been filed stemming from the raid, including one from a current reporter, another from a former reporter, and a third from the newspaper’s office manager. The incident unfolded after a Marion restaurant owner accused the Record of illegally obtaining information that could jeopardize their liquor license application. On August 11, police raided the Record’s newsroom, as well as Meyer’s home and the home of a city council member. Computers and cellphones belonging to reporters were seized during the operation.

The lawsuit highlights instances of tension between the newspaper and the officials it reported on. In one example, the former mayor allegedly shared a social media post from his wife advocating for silencing the Marion County Record. Another instance involved the former police chief expressing a desire for a “new, more positive newspaper” in the area. Attorney Bernie Rhodes, representing Eric Meyer, stated that these examples indicate a larger issue within the local government of Marion.

Rhodes hopes that this lawsuit serves as a reminder for authorities to carefully consider their actions when dealing with the press. In a separate filing, Rhodes estimated that the raid resulted in over $10 million in damages for the paper and the Meyers. Eric Meyer emphasized that he does not wish to bankrupt the city or county, but feels a responsibility to defend democracy and challenge such violations of the law.

In conclusion, the lawsuit against Marion officials seeks to hold them accountable for alleged violations of the First Amendment and retaliation against the Marion County Record. The raid and subsequent fallout have sparked concerns about freedom of the press and the abuse of power by law enforcement. As the legal battle unfolds, the case highlights the importance of protecting the rights of journalists and ensuring government officials act with integrity and respect for the law.