'A chilling effect:' Third lawsuit filed in Marion County newspaper raid
MARION COUNTY, Kan. (KAKE) - The Marion County Record office manager has filed what is now the third federal lawsuit over the August 11 police raid on the newsroom.
Filed Friday, the suit filed by Marion Record office manager Cheri Bentz names the City of Marion, former mayor David Mayfield, former police chief Gideon Cody, interim police chief Zach Hudlin, Sheriff Jeff Soyez and Aaron Christner, a detective with the Marion County Sheriff’s Office as defendants.
In the suit, Bentz alleges that the police warrants used to raid the newspaper were based on false statements and that officers "exceeded the scope" of the warrants, all later withdrawn.
On the day of the raid, the suit states that police detained, interrogated, separated Bentz from her belongings and treated her like a criminal suspect. Chief Cody, according to the lawsuit, told Bentz they were looking for devices used to download Kari Newell's driving records. Bentz explained to Cody that, as the office manager, she was not directly involved in reporting and her computer was used primarily for accounting purposes.
The suit states Cody then responded, "That was easy. And you don't know of anybody that downloaded the information, which computers that might be on or anything like that? Would you tell me if you did? Probably not."
A dollar amount was not listed in the lawsuit but says Bentz is seeking damages and legal fees. It alleges Bentz has lost sleep, seen her daily quality of life diminished and her social relationships negatively impacted, and faced aggravated health conditions.
"Indeed, the raid has had a chilling effect on Bentz exercising her First Amendment freedom of speech," the lawsuit states.
The Marion County Record reported Friday that this is the third of what are expected to be five federal lawsuits over the raid. Record editor-in-chief and publisher Eric Meyer also wrote in his article that his lawsuit is next and could be filed as early as Monday. Meyer says this will "likely be the largest suit."
Below are links to additional KAKE coverage:
- Marion County Record controversy: Expert says indicative of growing media distrust
- Marion residents react to local newspaper raid that brings international attention to small town
- Legal experts answer public's burning questions about Marion newspaper raid
- Marion County Record editor speaks out after police raid
- Dozens of news organizations condemn police raid on Kansas newspaper and call for seized materials to be returned
- Police defend raid on Kansas newspaper amid backlash over ‘brazen violation of press freedom’
- Police stage ‘chilling’ raid on Marion County newspaper, seizing computers, records and cellphones