Olathe, Kansas Jan 9, 2025 (Issuewire.com) - Kansas Resident Files Lawsuit Against Gardner Police Department Alleging False Arrest and Civil Rights Violations
A civil lawsuit has been filed in Johnson County District Court against the City of Gardner, the Gardner Police Department, and several of its officers. The lawsuit, brought by Kansas City resident Lonnie LuPardus, alleges false arrest, malicious prosecution, negligence, abuse of process, and civil rights violations under federal and state law. The case seeks damages exceeding $100,000 for emotional distress, financial losses, and reputational harm.
The defendants named in the lawsuit include:
- City of Gardner, Kansas
- Gardner Police Department
- Chief Pam Waldeck (in her official capacity as Chief of Police for the City of Gardner, Kansas)
- Captain Zach Roberts (Badge Number Unknown)
- Officer Justin Weathers (Badge #123)
- Officer Christian Kelly (Badge #456)
- Officer Fox (Badge #789)
- Officer Chelsea Liegh (Badge #101)
- Three John/Jane Doe Officers (identities currently unknown, acting within the scope of their official duties)
The legal action stems from events in 2023 when LuPardus submitted public records requests to the Gardner Police Department, accompanied by electronic payments. The checks were allegedly returned due to insufficient funds, a claim LuPardus disputes. The lawsuit contends that statutory notice requirements under Kansas law were not followed, making the charges baseless.
On October 24, 2023, LuPardus was arrested and detained for seven days on charges that were later dismissed. The court cited procedural deficiencies and lack of evidence, leading to the dismissal and subsequent expungement of LuPardus's record in January 2024. The complaint further alleges that the charges were filed in retaliation for a prior legal action LuPardus pursued against the Gardner Police Department.
The lawsuit outlines multiple claims, including:
- False Arrest: Alleging an arrest without probable cause or adherence to legal procedures.
- Malicious Prosecution: Asserting that charges were pursued in bad faith and for retaliatory purposes.
- Negligence: Claiming the defendants failed to meet legal obligations under Kansas law.
- Abuse of Process: Accusing the defendants of misusing the legal system for purposes beyond securing justice.
- Civil Rights Violations (42 U.S.C. § 1983): Arguing that LuPardus was deprived of constitutional protections, including due process and protection from unlawful arrest.
The lawsuit emphasizes that the charges were filed shortly after LuPardus informed the Gardner Police Department of his intent to file a civil complaint, raising concerns of retaliatory motives.
This lawsuit represents a stand against the misuse of authority and the importance of safeguarding individuals rights, a representative for LuPardus stated. This case seeks to hold those in power accountable for their actions.
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The court will determine whether the actions of the City of Gardner, its police department, and the named officers violated state and federal laws, including protections under the U.S. Constitution.
Case JO-2024-CV-006094:LUPARDUS vs CITY OF GARDNER, KANSAS; CITY OF GARDNER, KANSAS POLICE DEPARTMENT et al.: https://www.scribd.com/document/810728915/JO-2024-CV-006094-Petition-for-Damages
About the Plaintiff
Lonnie LuPardus is a Kansas City, Missouri resident advocating for accountability in government institutions. By pursuing this case, he aims to ensure fair treatment and justice for all citizens.
For additional information, contact Lonnie LuPardus using the details provided above.
Media Contact
LUPARDUS vs CITY OF GARDNER, KANSAS; CITY OF GARDNER, KANSAS POLICE DEPARTMENT et al.
https://www.scribd.com/document/810728915/JO-2024-CV-006094-Petition-for-Damages
Source :LUPARDUS vs CITY OF GARDNER, KANSAS; CITY OF GARDNER, KANSAS POLICE DEPARTMENT et al.
This article was originally published by IssueWire. Read the original article here.