America is primarily a nation of small towns, with over 75% of incorporated places having a population of 5,000 or less. While most go unnoticed by the rest of the country, Marion, Kansas, with a population of just under 2,000 residents and not a single stoplight within city limits, found itself on the national stage after stunning First and Fourth Amendment violations involving a local newspaper, Marion's mayor, the new police chief, and a host of others.
On March 28th, 2025, U.S. District Judge Daniel Crabtree ruled on a motion to dismiss filed by the defendants named in the lawsuit from the paper's owner and other plaintiffs. While he dismissed liability claims against the town and county of Marion for improper training, Judge Crabtree found the plaintiffs had met the burden of proof to continue the lawsuit against Marion's former mayor, former police chief, and others.
The defendants' conduct raised concerns about freedom of the press and illegal search and seizure.
Small Town Drama
The dispute that resulted in a lawsuit involved the mayor, the owner of a local newspaper, the police chief, and a city official. The key facts are:
- Marion Mayor David Mayfield was elected in 2020.
- Eric Meyer, the owner and editor of the Marion County Record (MCR), did not get along with the new mayor.
- On May 1, 2023, Mayfield hired Kansas City police officer Gideon Cody to be police chief without a City Council vote or approval. On May 30, Cody was sworn in without a vote.
Meyer used editorials to accuse Mayfield, a former Kansas State Trooper, of being a bully who showed disdain for the democratic process.
Retribution
The new police chief had the same view of the newspaper as the mayor. Cody rebuffed an offer for an interview with a reporter from the MCR and stopped supplying the paper with weekly police activity reports. Cody allegedly approached a different MCR reporter with an offer to set her up with a new newspaper that could be "more positive."
After the MCR was banned from attending an "open meeting" with Kansas politicians at a restaurant owned by Kari Newell, an MCR reporter received a tip. Newell's driver's license was suspended for a DUI offense, but the police still let her drive. Newell was also applying for a liquor license, something not permitted for people with a DUI-suspended license.
The reporter confirmed the information through a public access state website and alerted Meyer. Since this was public and not private information, it wasn't protected by the Driver’s Privacy Protection Act. Meyers, citing concern about the difficult divorce Newell was going through, chose not to publish details about her existing DUI suspension. He instead alerted Mayfield and a county sheriff.
Ruth Herbel, a member of the city council, also received Newell's information from the tipster. She forwarded it to the city administrator, who sent it to Cody and Mayfield. The administrator told Mayfield it was a state affair and to stay out of it.
Herbel and Mayfield had a contentious history that included her leading the charge against Mayfield's unsuccessful attempt to remove the city charter requiring voters to approve any addition to the city's debt. Mayfield responded by trying to have Herbel recalled, but couldn't muster the necessary votes.
According to the lawsuit, Mayfield disregarded the administrator and told Cody to begin an investigation into Herbel and the MCR. On August 7, 2023, he falsely told Newell that the MCR had stolen her identity to find out about her DUI and shared it with Herbel. Newell expressed outrage at a council meeting that night and accused the MCR of illegally obtaining her driving record. Meyer, who was there, stated that nobody at MCR had given information to Herbel.
Manufacturing an Excuse for a Search
The lawsuit charges that on the next day, Cody and his officers began drafting a search warrant application against the MCR and Herbel that contained numerous false statements. Instead of filing with the Marion County District Judge, the warrant was taken to a judge in Morris County.
Armed with what the lawsuit identifies as an illegal warrant, Cody and the Marion police conducted raids of the MCR offices and the homes of Meyer and Herbel. The warrant limited the officers to using a preview search on electronic devices to determine if they had any information about the alleged identity theft. Using generic terms like "vehicle" and "Kansas" to score hits, the police seized computers and phones, effectively shutting down the MCR.
At Meyer's house, the search process and the behavior of the police combined to cause a great deal of stress for Meyer's 98-year-old mother. She would die the next day from sudden cardiac arrest, which the lawsuit charges was a result of the illegal search and seizure.
During interviews with the MCR staff, Cody was unable to provide an accurate Miranda warning. When handed a card printed with the rights, he didn't have his glasses and couldn't read them. Cody also entered a reporter's desk to read a file about him, which was not covered under any aspect of the warrants.
A Lawsuit and Public Outrage
When the actions of the police chief and mayor were brought to light it resulted in a scandal. As a result, Mayfield left office and Cody resigned as police chief.
Meyer filed a lawsuit against the town and Marion County alleging improper training. A judge initially dismissed Meyer's claims but without prejudice, allowing Meyers to amend it and file again. Claiming violation of the First Amendment, the Fourth Amendment, the Privacy Protection Act of 1980, and other complaints, Meyers is seeking well over $1 million in damages.
Herbel has a pending lawsuit as well. One of the MCR reporters settled with Cody in 2024, and other MCR reporters have filed suit.
The outcome could go a long way toward protecting the freedom of the press.
Related Resources
- Police Misconduct and Civil Rights (FindLaw's Civil Rights Law)
- Driver's Protection Policy Act Seems Fairly Useless (FindLaw's Federal Courts)
- How To Sue the Police (FindLaw's Law and Daily Life)
