subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Sun, Jul 05 2009 

Resources

print this story   Print this story
  Post to del.icio.us

Published November 04, 2008 09:23 am -

Father, daughter file lawsuit against Mahaska County and deputy sheriff


By MICHAEL SCHAFFER
The Oskaloosa Herald

OSKALOOSA

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



print this story    email this story    comment on this story   

Click to discuss this story with other readers on our forums.




Zillow
monster
autoconx
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide

Premier Guide

Help Wanted Ads

Circulation Assistant
Circulation Assistant

Successful candidate should possess excellent customer service skills. Must be detailed
...>MORE

Shopper Carriers Needed
Need Money?
Carriers needed for Oskaloosa Shopper walk routes. Different are of town available. Routes are assigned
...>MORE

CORRESPONDENTS NEEDED
CORRESPONDENTS NEEDED for gathering news and information in the following cities: Oskaloosa, New Sharon and University P...>MORE

See all ads

Real Estate

Office Space for Rent
120 N Market. 1,800 sq ft. $650 /month plus gas and electric. (641)673-3403...>MORE

Southern Hills Apartments, pets accepted.
1 & 2 bedroom apartments. Utilities included except electric. Option to rent garage. Deposit $175. Lease required. Sou...>MORE

Mobile Home for Rent
Taking Applications, 2 bedroom located in Spring Creek Village. Appliances, central air. Ref & Deposit req. No Pets, Fre...>MORE

Knoxville/Bussey/Pella/Melcher/Pleasantville Apartments
1 & 2 BR. APTS
in Pella, Knoxville,
Melcher. Pleasantville and Bussey.
Onsite Laundry,
Rental Assi
...>MORE

Apartment for Rent
One Bedroom upstairs Lease, deposit and references required. 307 1st Ave E Quiet lifestyle. No smoking/ pets. (641)6...>MORE

Apartment for Rent
Updated Large 2 bedroom, 2 living rooms, 1 bathroom, water, garbage included. $425 month. & deposit Appliances included...>MORE

Hawkeye Property Management
Call Chris!
Hawkeye Property
Management,
(641)673-8424 or (641)660-2259,
for information on their c
...>MORE

See all ads


Promises - weddings - engagements- anniversaries

 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index