Federal appeals court revives Carter lawsuit
Jul. 23—ST. LOUIS — A federal lawsuit filed by the man held civilly liable for his mother's murder, but found not guilty of first-degree murder, has new life.
The U.S. Eighth Circuit Court of Appeals on Wednesday reversed the dismissal of all but one count contained in a federal lawsuit that Jason Carter filed against his father, Bill Carter, and investigators that worked the homicide case of his mother, Shirley Carter.
Shirley Carter was found shot to death in June 2015 at her home in rural Lacona. It wasn't until a 2017 civil suit brought by his father resulted in a jury finding Jason Carter civilly liable for the death and ordered a $10 million judgment against him, he was charged criminally for the killing. In the criminal case, he was found not guilty by a jury.
In the lawsuit, Jason Carter alleged that law enforcement violated his constitutional rights in the murder investigation. In addition to his father, the suit was filed against Iowa Division of Criminal Investigation Agent Mark Ludwick, as well as the Marion County Sheriff's Office and Deputy Reed Kious.
Jason Carter claims that law enforcement worked with Bill Carter during the civil lawsuit to "circumvent constitutional protection and to unconstitutionally obtain evidence."
Additionally, during the civil suit, law enforcement withheld "significantly exculpatory/favorable evidence." Lawyers for Jason Carter argued to a federal judge that it was the criminal trial that brought the state's unconstitutional investigation to light, after a jury acquitted Jason Carter of the charge in under two hours.
Following Wednesday's decision, all but one of the five counts contained in Jason Carter's lawsuit against investigators was revived. The appeals court decision affirmed the dismissal of the claim regarding inadequate training of officers.
The case will return to U.S. District Court in Des Moines on those counts.
During appeal arguments last October, attorneys for the investigators argued their clients had qualified immunity from Jason Carter's claims. They cited that separate district court judges ruled there was probable cause for an arrest warrant of Jason Carter and probable cause to take the case to trial.
According to court transcripts, Jeffrey Peterzalek, an attorney for Ludwick, argued to a judge that " ... even if the court would determine that there could be some arguably constitutional violation, there certainly is nothing in the law or a body of law that would indicate that a situation where you have multiple determinations of probable cause by a court that that person would not be entitled to qualified immunity."
Nathan Olson, an attorney for Jason Carter argued that if "law enforcement is contemplating an arrest, they can't disregard plainly exculpatory evidence. It has to look at everything. It has to conduct a reasonably thorough investigation. It has that duty prior to arrest."
A state lawsuit with similar claims against similar defendants was thrown about by a district court judge last month. Jason Carter's attorneys have filed a notice of appeal.
Another state lawsuit also pending by Jason Carter is seeking to reverse the $10 million judgment handed down from the wrongful death suit.
Kyle Ocker is the editor of the Ottumwa Courier and the Oskaloosa Herald. He can be reached at kocker@ottumwacourier.com. Follow him on Twitter @Kyle_Ocker.
