Two federal lawsuits against Gerald allege civil rights violations

Dave Marner
Posted 11/6/17

Lawsuits filed late last week could potentially be the ruin of the city of Gerald.

Fallout from last week’s revelation that a rural Washington man had been working with Gerald police for …

This item is available in full to subscribers.

Please log in to continue

E-mail
Password
Log in

Two federal lawsuits against Gerald allege civil rights violations

Posted

Lawsuits filed late last week could potentially be the ruin of the city of Gerald.

Fallout from last week’s revelation that a rural Washington man had been working with Gerald police for nearly a month, while fraudulently claiming he was a federal drug investigator, includes the filing Thursday of a federal lawsuit on behalf of six Gerald residents. No monetary damages were specified. Another filed Friday seeks up to $1 million in compensatory and $10 million in punitive damages for each of 11 of the plaintiffs named.

Joe Purschke, the city’s attorney said the city’s insurance carrier was up to speed on what transpired early last week in Gerald. Three police officers were placed on paid administrative leave May 12 and terminated effectively immediately following a five-hour, 15-minute closed session on May 13.

“We’ve already contacted MoPERM and they’re anxious to get started,” said Purschke. “They are well aware of what’s happening.”

Both suits, filed in U.S. District Court for Eastern Missouri by separate attorneys, seeks a trial by jury. Both suits allege civil rights violations. Both suits name as defendants the city of Gerald, Mayor Otis Schulte, former Police Chief Ryan McCrary, former Lt. Scott Ramsey and William Jakob.

In the first lawsuit, filed Thursday by St. Louis attorney Robert Herman, the man whose identity The Republican’s investigation identified as “Sgt. Bill A. Jakob,” is also referred to as “John Doe No. 3, an unidentified agent or employee of the city of Gerald, Missouri, a/k/a “Sgt. Jakob.”  Herman’s clients include Michael J. Holland, Heather R. Holland, Steven O. Holland, Glenda Lee Keeley-Holland, Kyle J. Story, and Joshua Davis.

Their suit also names each of the city’s elected aldermen — Brad Landwehr, Rich Johnson, David Luechtefeld, and Dan Maxwell — individually and in their official capacity as members of the board. Along with McCrary and Ramsey, police officer Shannon Ramsey (sic), an unidentified police officer John Doe No. 1 (a/k/a “Louis” last name unknown), and a John Doe No. 2 (an unidentified police officer) are also named as defendants.

Union attorney Daniel J. Briegel filed a lawsuit Friday on behalf of Steven Kern, Cheryl Christman, Betty Jo Jarvis, Andrew Elliott, Lucas Hedrick, Nichole Krueger, Joseph Rabbit, Rebecca Fieser, Christine Corbitt, and Anthony Davis. Their claim limits defendants to the city, Schulte, the police department, McCrary, Ramsey, and William Jakob.

Both suits are similar in nature and allege the plaintiffs’ federal civil rights were violated by defendants “acting under color of law.”

The Republican’s investigation revealed Jakob had allegedly been impersonating a federal drug task force agent and assisted Gerald police with drug raids against city residents and, on two occasions, at residences outside the city limits. All without search warrants, according to investigators. Although formal criminal charges against Jakob may still be weeks away, the investigation continues this week.

“Interviews are continuing, (the) investigation is continuing,” said Det. Jason Grellner of the Franklin County Sheriff’s Department’s Narcotics Enforcement Unit. “Multiple interviews have been conducted by our staff, the (Missouri State Highway) patrol, the FBI. Numerous individuals have been interviewed as pertains to the investigation of alleged violations of civil rights.

“Allegations are consistent with those named in federal lawsuits and other allegations that are being investigated. Once these investigations are finalized, we will hand them over to the U.S. District Attorney and the Franklin County Prosecuting Attorney for review.”

Grellner said their investigation, and the prosecutorial review, could take several more weeks to complete.

Both lawsuits allege violations of constitutional rights including illegal searches and seizures of personal property and persons, illegal searches of dwellings without probably cause or search warrants, false arrests and imprisonment, physical and emotional abuse and other denial of rights.  Lawsuits also allege Jakob was not licensed as a Missouri “police officer, federal agent, or investigator; and, at no time did he possess the qualifications to hold such license or position.”

In short, he had no power of arrest, the lawsuits allege.

A sheriff’s jailer alleged to have participated in at least two separate dealings with Jakob and Gerald police business, apparently without permission or knowledge of his supervisor, has until Friday to request an appeal following a disciplinary hearing held last Friday. Citing employee privacy rights, Sheriff Gary F. Toelke would not specify what action was taken during the hearing.

“Law enforcement officers have two duties,” said Grellner regarding the investigation of Gerald’s police department. “One is to enforce the law and the other is to uphold the law. Whether you’re duped or not, you still have those two duties to uphold.”

And, Grellner added,  lawmen can not “break the law to uphold the law.”

A third lawsuit, which is anticipated to be filed by a second Union attorney, had not been filed as of Tuesday afternoon.