A five-count lawsuit was filed in Mahaska County Monday morning against Mahaska County Deputy Sheriff Richard Adams, his wife Melissa, and Mahaska County.

The plaintiffs in the lawsuit, Ashley Elaine Evans, 16, and her biological father, Robin Scott Evans, 47, of Fremont, accuse the Adams’ and the county of child stealing, false imprisonment, abuse of power, violation of civil rights and harboring a runaway child.

Dialogue in the lawsuit says Richard and Melissa Adams petitioned on July 30, 2007, for appointment of co-guardianship of Ashley, which was granted on Nov. 30, 2007. The lawsuit alleges the Adams’ obtained the co-guardianship order without notice to, and in violation of, the due process rights of Robin Evans.

The suit says Richard and Melissa responded on or about Nov. 24 or 25, 2007, to a 911 call at the Evans’ residence and took the minor child into their custody and placed her at their residence. Richard, as a officer and employee of Mahaska County, “acting within the scope of his employment duties,” and Melissa “continued the removal and concealment of Ashley” until she was returned to the custody of her father by order of court issued April 29, 2008.

Judge James Q. Blomgren in the April 29 ruling on a motion filed by the father to set aside guardianship called the order granting guardianship of Ashley to the Adams’ “illegal” and a “violation of due process.”

“The order appointing the guardian in this case denied the father due process and was in violation of the United States Constitution and the Constitution of the state of Iowa,” Blomgren wrote.

Judge Blomgren said factors like the death of a parent, abandonment of the child or demonstrable harm would have allowed the appointment of a guardian.

The lawsuit states damage to the plaintiffs include “unjust imprisonment and the deprivation of the plaintiff’s fundamental civil rights; humiliation, embarrassment and severe mental and emotional distress; expenses incurred in defending said guardianship petition and exposure to public hatred, contempt and ridicule.” The lawsuit is asking for expenses sustained in searching and obtaining the return of Ashley, emotional damage due to the child’s absence, punitive damages and the cost of the lawsuit.

Defending the plaintiffs is Steven Gardner, of Ottumwa. The plaintiffs are requesting a jury trial.

Herald City Editor Michael Schaffer can be reached by email at mschaffer@oskyherald.com