Marengo settles lawsuit

MARENGO — The City of Marengo agreed during Wednesday; s City Council meeting to settle a lawsuit against the City and Police Officer Heath Jepson for $35,000.

The suit, filed by Nathan Eugene Alardin in January, accuses Jepson of false arrest, malicious prosecution and assault during an arrest Aug. 8, 2022.

Jepsen pleaded guilty to animal-related charges stemming from the Aug. 8 incident and was fined.

The City settled the lawsuit to avoid the cost of a trial, the City Council said following a closed session to discuss the agreement.

The City did not admit to any wrongdoing.

The City of Marengo and Heath Jepson, individually and in his official capacity as a law enforcement officer for the City of Marengo were named as defendants in a civil action this year.

The suit called Jepson “a troubled police officer” who has lost and gained employment at various rural police departments throughout his career and has previously been accused of use of excessive force and poor judgment in the course of his employment as a law enforcement official prior to his employment with the Marengo Police Department.

In 2015, wile an officer with the Grinnell Police Department, Jepson was sued by Forrest Duncan, who accused Jepson of assaulting him in the course of an arrest, causing facial fractures.

The case was settled out of court.

Alardin is a military veteran who is 100% disabled due to the severe injuries he received while in service, the lawsuit says.

On Aug. 8, 2022, Jepson responded to a call regarding a loose animal and arrived at the home of Lorraine “Glennis” Kearns at 503 E. Washington St. in Marengo.

Alardin and Kearns have known each other for about 20 years, according to court documents. Alardin’s dog had escaped from his fenced-in property and had attacked one of Kearns’ chickens.

Moments after Jepson arrived, Alardin parked his truck behind the patrol car and informed Jepson that the loose animal was his dog.

According to the lawsuit, Jepson told Alardin he was free to go and Jepson would be in touch with him regarding any citations. Alardin left with his dog to secure her at home.

Jepson took photos of the scene and interviewed Kearns, according to court documents.

While Jepson was talking to a second witness, Alardin returned and approached Kearns “to apologize and offered to pay to replace her chicken,” according to court documents.

Jepson told Alardin he was “interfering with official acts,” the lawsuit alleges.

Words were exchanged, and Jepson became angry, told Alardin he was under arrest and pulled a taser and pointed it at Alardin, the court document says.

The lawsuit alleges that Jepson complained that Alardin was “resisting arrest” by “flexing” as he struggled placing the handcuffs on Alardin, “who was perfectly still during this interaction.”

Jepson drew his baton and threatened Alardin with it, the lawsuit alleges. Jepson put Alardin the back of his patrol car.

Alardin was forced to retain a private investigator who interviewed all of the witnesses to Alardin’s arrest, the lawsuit alleges.

Each witness said Jepson had unnecessarily escalated the situation and that while Alardin may have been “mouthy” he was never aggressive, according to court documents.

One witness to the arrest, Douglas East, a former police officer, said that Jepson had the situation “under control” when he pulled out his baton and stood in a “strike position” and that he thought Jepson was going to strike Alardin who was both handcuffed and unarmed.

Court documents quote East saying that he’d never seen anything like it in his 27 years in law enforcement and that he approached Jepson and Alardin to make sure Jepson was award there were witnesses to his conduct.

The lawsuit accused the City of Marengo of negligent hiring retention and supervision of employees. As the employer of Jepson, the City had the duty to exercise reasonable care in the hiring, retention and supervision of Jepson, the suit says.

As the employer of Jepson, the City of Marengo had a duty to exercise reasonable care in the hiring, retention, supervision of Jepson.

Alardin sought punitive damages, along with interest, costs of this action and attorney fees.

The case was set to go to trial July 30.