Henry County officials face civil rights lawsuit over alleged misconduct

MT. PLEASANT — The Henry County Board of Supervisors held a closed session on Thursday, Feb. 13 to discuss a newly filed lawsuit against Henry County and the Henry County Sheriff’s Office, accusing county officials of civil rights violations, abuse of power, and defamation stemming from the April 2023 arrest of Curtis, Lori, and Owen Wagler who own and operate Outdoor Tradition Co. in Wayland.

  Buy Photo

The complaint, filed in Iowa District Court by the Wagler family Feb. 6, names Deputy Sheriff Carlos Lopez, Sheriff Rich McNamee, Deputy Sheriff Chad Doak, and Zach White. The defendants also include Henry County. The plaintiffs allege that law enforcement officials executed a baseless search warrant, unlawfully arrested them, and carried out an intrusive and unnecessary search of their home and business.

According to the lawsuit, the arrest followed a warrant obtained by Deputy Lopez, which the plaintiffs claim lacked probable cause.

“The warrant lacked probable cause, and no reasonable officer would have believed there was probable cause to conduct a legal search,” the complaint states.

The complaint alleges that Lopez ignored instructions from the county attorney’s office to conduct further investigation before proceeding with charges. The plaintiffs further state that their property was unlawfully searched and that Lopez and other officers seized personal belongings, including a minor’s laptop and cash earned from selling puppies.

In addition to the alleged unlawful search and arrest, the lawsuit details a subsequent public “smear campaign” by members of the sheriff’s office, accusing the Waglers of criminal conduct.

“Defendants Lopez and McNamee spearheaded the constitutional violations and defamatory statements against Curtis, Lori, and Owen in an attempt to shut down their business and convict them of unsubstantiated crimes arising out of civil business disputes — not criminal offenses,” the complaint alleges.

The Henry County Attorney’s Office later dismissed all charges, citing a lack of evidence and inconsistencies in Lopez’s sworn affidavits.

Following this case, Henry County Attorney Darin Stater formally placed Lopez on the county’s Brady-Giglio list in December 2023, a designation given to law enforcement officers with credibility concerns. After months of McNamee petitioning the Henry County Board of Supervisors to provide outside legal counsel in this matter, Lopez filed a petition in December challenging his placement on the list.

Lopez’s filing invoked Iowa Code Section 80F.1 (25). This statute, effective July 1, 2024, grants officers the right to seek judicial review of a prosecuting agency's decision to include them on such a list. The law allows the District Court to perform an in-camera review of the evidence, potentially hold a closed hearing, and issue orders or provide relief, including removal from the list, as justice may require.

According to Lopez’s resistance filing, “Placement on the Brady-Giglio list is stigmatizing for the law enforcement officer, as it undermines Lopez’s credibility with the defense bar, law enforcement agencies, and precludes him from carrying out the duties for which he was employed.”

Stater, in a motion to dismiss filed on Dec. 19, contended that this statute was not in effect at the time of Lopez's placement on the list and argued that judicial review of prosecutorial decisions related to the Brady-Giglio list violates the separation of powers.

Lopez filed a resistance to this motion on Dec. 30, contending that his appeal is valid and that the law protects his right to challenge his placement on the list.

“The statute does not in any way limit the County Attorney’s decision on what cases to prosecute or what witnesses to call,” Lopez’s filing argues.

A response was not yet given, however, on Jan. 13, Chief Judge Myron Gookin ordered that a judge from outside the Eighth Judicial District be assigned to the case, designating a judge from the Seventh Judicial District to preside.

The Waglers’ lawsuit also accuses Sheriff McNamee of withholding public records related to the case in violation of Iowa’s open records laws.

“The tactics of McNamee, intent on keeping government wrongdoing secret, have made it fruitless and impossible to properly enforce Iowa’s open records laws,” the complaint alleges.

The plaintiffs claim that the sheriff’s office delayed responding to record requests for months and released only a fraction of the requested documents. The plaintiffs argue that these actions obstructed their ability to investigate their own case.

The Waglers are seeking at least $5 million in damages for unlawful arrest, defamation, emotional distress, and violations of their constitutional rights. The lawsuit also requests a court order mandating the release of all records pertaining to Lopez’s Brady-Giglio designation and the county attorney’s decision to drop the charges.

Sheriff McNamee has not publicly commented on the lawsuit. Deputy Lopez has also not responded to the allegations. The case is expected to proceed in Henry County District Court.

Comments: AnnaMarie.Kruse@southeastiowaunion.com