Judge dismisses charge of civil conspiracy against Jefferson County Treasurer

FAIRFIELD — A District Court judge has dismissed part of a lawsuit against Jefferson County Treasurer Mark Myers.

Myers was named in a lawsuit where he was alleged to have engaged in a civil conspiracy with Packwood resident Adrian Dickey involving the transfer of title on a vehicle. The lawsuit was filed in Jefferson County by Dickey’s daughter Korynn Tjaden Dickey, along with Shawna Husted and Allen Husted, who claimed that Korynn did not consent when Adrian put a lien on her vehicle after registering it in Jefferson County.

Adrian has denied the accusation, and has said that, “Documents will show that conversations took place between Korynn and I where she consented to me placing myself as a lien holder and that I would have to do the paperwork because she was going to school in California. Documents also will show that she clearly understood a reason I was going to make myself a lien holder was to prevent her from selling the car for quick cash or trading it in on a vehicle that she could not afford.”

The lawsuit from the three petitioners claimed that Jefferson County Treasurer Mark Myers should have known that Adrian was not authorized to sign the title application and lien application on behalf of Korynn, and thus he should have known the documents were forged.

“By knowingly accepting the forged documents, the Treasurer facilitated Adrian’s criminal conduct and agreed with Adrian to engage in conduct constituting a crime,” argued the petitioners in their brief submitted by Siobhan Briley of Pugh Hagan Prahm in Coralville.

However, District Court Judge Shawn Showers dismissed the charge of criminal conspiracy against Myers in a motion filed Monday, arguing that the petitioners made no factual allegations that support the claim of civil conspiracy.

Showers wrote that a motion to dismiss should not be granted as a general rule because “nearly every case will survive a motion to dismiss” due to the low bar that must be met. A court should only grant a motion to dismiss if “the petition on its face shows no right of recovery under any state of facts,” Showers wrote.

“The Court finds that the petition does not contain factual allegations that give the defendant (Myers) fair notice of the claim asserted so he can adequately respond to the petition,” Showers wrote. “Count III as is relates to Defendant Myers is dismissed without prejudice with any court costs assessed to Plaintiffs.”

The petitioners also alleged that Myers was guilty of failing to perfect a security interest, and Showers did not dismiss this charge.

“Plaintiffs' counsel rightfully identifies that there was not a signature on the Affidavit for Notation of Security Interest. A reasonable fact finder could conclude that Defendant Adrian Dickey signed Plaintiff Korynn Dickey's name to the document and that a cause of action could be supported against Mr. Myers if every assertion Plaintiffs' Count I allegation is true,” Showers wrote.

Jefferson County Attorney Chauncey Moulding, who is representing Myers, said the allegation that Myers and Adrian Dickey engaged in a civil conspiracy was “absurd on its face.”

“Mr. Myers is an honest and dedicated public servant, and there was no conspiracy between him or his office and Mr. Dickey to act in detriment to Ms. Dickey or her family,” Moulding said.

Moulding said he plans to file a response this week regarding the court’s refusal to dismiss the charge of failure to perfect a security interest.

The next hearing in this case will be on Sept. 18. The plaintiffs have asked for this case to be moved out of Jefferson County because both Myers and Adrian Dickey represent Jefferson County, Myers in his capacity as county treasurer and Adrian in his capacity as Iowa State Senator. Adrian’s attorney Paul Miller filed a resistance to the plaintiffs’ request for a venue change, so the Sept. 18 hearing will decide whether the plaintiff’s request for a change is granted.

Call Andy Hallman at 641-575-0135 or email him at andy.hallman@southeastiowaunion.com