4:24-cv-00146 - Uwazuirke, et al. v. State of Iowa, et al.

[AuroraHawk]

Figured it might be a good time to post a thread to follow the happenings in this case.

Plaintiffs: Eyioma Uwazuirke, Noah Shannon, Nelson Brands, Tony Cassioppi, Jirehl Brock, Hunter Dekkers, Isiah Lee, Arland Bruce IV, Dodge Sauser, DeShawn Annika, Ahron Ulis, Aaron Blom, Jack Johnson, Jake Remsburg, Jeremiah Williams, Harry Bracy, Howard Brown, Keaton Anthony, Jacob Henderson, Gehrig Christensen, Benjamin Tallman, Abe Assad, Cobe Siebrecht, Cullen Shriver, Patrick Kennedy, Jake English

Defendants: State of Iowa, Iowa Department of Public Safety, Iowa Division of Criminal Investigation, Stephan Bayens, Paul Feddersen, David Jobes, Troy Nelson, Brian Sanger

Plaintiff's Counsel (Lawsuit filed on 4/26/24):
Matthew Boles and Adam Witosky - Gribble Boles Stewart and Witosky: https://www.gbswlaw.com/
Van Plumb - Plumb Law Firm: no website

Defendant's Counsel (Appearance filed on 5/1/24):
Shannon Archer - Iowa Attorney General's Office: https://www.linkedin.com/in/shannon-archer-14b128235/

Count I - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Warrantless Search -against Defendants Jobes, Nelson, Sanger

Count II - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Unreasonable Seizure -against Defendants Jobes, Nelson, Sanger

Count III - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count IV - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count V - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count VI - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Defendants' initial responses to the Complaint are due on June 25, 2024.


To be continued . . .

 

[ICWestfan]

Figured it might be a good time to post a thread to follow the happenings in this case.

Plaintiffs: Eyioma Uwazuirke, Noah Shannon, Nelson Brands, Tony Cassioppi, Jirehl Brock, Hunter Dekkers, Isiah Lee, Arland Bruce IV, Dodge Sauser, DeShawn Annika, Ahron Ulis, Aaron Blom, Jack Johnson, Jake Remsburg, Jeremiah Williams, Harry Bracy, Howard Brown, Keaton Anthony, Jacob Henderson, Gehrig Christensen, Benjamin Tallman, Abe Assad, Cobe Siebrecht, Cullen Shriver, Patrick Kennedy, Jake English

Defendants: State of Iowa, Iowa Department of Public Safety, Iowa Division of Criminal Investigation, Stephan Bayens, Paul Feddersen, David Jobes, Troy Nelson, Brian Sanger

Plaintiff's Counsel (Lawsuit filed on 4/26/24):
Matthew Boles and Adam Witosky - Gribble Boles Stewart and Witosky: https://www.gbswlaw.com/
Van Plumb - Plumb Law Firm: no website

Defendant's Counsel (Appearance filed on 5/1/24):
Shannon Archer - Iowa Attorney General's Office: https://www.linkedin.com/in/shannon-archer-14b128235/

Count I - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Warrantless Search -against Defendants Jobes, Nelson, Sanger

Count II - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Unreasonable Seizure -against Defendants Jobes, Nelson, Sanger

Count III - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count IV - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count V - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count VI - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Defendants' initial responses to the Complaint are due on June 25, 2024.


To be continued . . .

June 25th for a response? Is that typical and can one expect a response before then?

 

[fredjr82]

June 25th for a response? Is that typical and can one expect a response before then?

Lawyers work by the 1/4 hour. They don't move real fast

 

[Hawki97]

Go get paid boys!

 

[Tenacious E]

Lawyers work by the 1/4 hour. They don't move real fast

.1, not .25.

 

[Finance85]

Figured it might be a good time to post a thread to follow the happenings in this case.

Plaintiffs: Eyioma Uwazuirke, Noah Shannon, Nelson Brands, Tony Cassioppi, Jirehl Brock, Hunter Dekkers, Isiah Lee, Arland Bruce IV, Dodge Sauser, DeShawn Annika, Ahron Ulis, Aaron Blom, Jack Johnson, Jake Remsburg, Jeremiah Williams, Harry Bracy, Howard Brown, Keaton Anthony, Jacob Henderson, Gehrig Christensen, Benjamin Tallman, Abe Assad, Cobe Siebrecht, Cullen Shriver, Patrick Kennedy, Jake English

Defendants: State of Iowa, Iowa Department of Public Safety, Iowa Division of Criminal Investigation, Stephan Bayens, Paul Feddersen, David Jobes, Troy Nelson, Brian Sanger

Plaintiff's Counsel (Lawsuit filed on 4/26/24):
Matthew Boles and Adam Witosky - Gribble Boles Stewart and Witosky: https://www.gbswlaw.com/
Van Plumb - Plumb Law Firm: no website

Defendant's Counsel (Appearance filed on 5/1/24):
Shannon Archer - Iowa Attorney General's Office: https://www.linkedin.com/in/shannon-archer-14b128235/

Count I - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Warrantless Search -against Defendants Jobes, Nelson, Sanger

Count II - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Right to be Free from Unreasonable Seizure -against Defendants Jobes, Nelson, Sanger

Count III - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count IV - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Warrantless Search/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count V - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Failure to Train/Supervise - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Count VI - Civil Rights Violation under Section 1983 - violation of Fourth and/or Fourteenth Amendment of U.S. Constitution - Liability for Unreasonable Seizure/Policy and Custom - against Defendants State of Iowa, IDPS, DCI, Bayens, and Feddersen

Defendants' initial responses to the Complaint are due on June 25, 2024.


To be continued . . .

What's the circumstances of the case? I get the 4A counts, but what happened?

 

[ICWestfan]

What's the circumstances of the case? I get the 4A counts, but what happened?

DCI used geofencing to spot athletes who were gambling on apps without a warrant. Led to underage gambling charges as well as info sent to the NCAA who subsequently suspended athletes for gambling. That's the way to short version, it's a giant CF.

 

[wneff]

Is Witosky the son of the former DMR reporter?

 

[AuroraHawk]

June 25th for a response? Is that typical and can one expect a response before then?

If a defendant or defendants agree to waive the formality of requiring plaintiffs' counsel to serve them with summons, Rule 4 of the Federal Rules of Civil Procedure dictates the time to respond to the Complaint is extended from 21 days to 60 days.

Here, the Iowa Attorney General's office agreed to waive formal service of summons. Thus, defendants' initial responsive pleadings are due 60 days after that agreement - which is June 25th.

I wouldn't expect the AG's office to file anything until around June 25th. What primarily interests me is if the AG's office tries to run a Motion to Dismiss up the flagpole. Personally, I wouldn't expect a MTD to be successful at this juncture. By my reading of the Complaint, it appears that the Plaintiffs have properly stated a cause of action which should permit the case to move forward.

 

[joelbc1]

What's the circumstances of the case? I get the 4A counts, but what happened?

The DCI is accused of violating these players civil rights. The plaintiffs will try and prove they (the DCI) acted irresponsibly.
It’ll be an interesting case.

 

[AuroraHawk]

What's the circumstances of the case? I get the 4A counts, but what happened?

How to say "I don't live in Iowa" without saying "I don't live in Iowa."

 

[ping72]

What's the circumstances of the case? I get the 4A counts, but what happened?

That is many of the athletes who were punished for gambling.

 

[AuroraHawk]

.1, not .25.

The AG's office doesn't bill by any increment. They are salaried employees of the State of Iowa.

Plaintiffs' counsel will likely keep track of their time due to the fee-shifting component of the civil rights claims.

 

[AuroraHawk]

I forgot to add in the original post that Judge Rebecca Goodgame-Ebinger is the Article III judge assigned to the case. Judge Stephen Jackson is the assigned magistrate judge.

Judge Ebinger-Goodgame: https://ballotpedia.org/Rebecca_Goodgame_Ebinger

Judge Jackson: https://ballotpedia.org/Stephen_B._Jackson,_Jr.

 

[Finance85]

DCI used geofencing to spot athletes who were gambling on apps without a warrant. Led to underage gambling charges as well as info sent to the NCAA who subsequently suspended athletes for gambling. That's the way to short version, it's a giant CF.

Thanks. I hope they win. 4A needs reinforcement.

 

[ozzie8]

I forgot to add in the original post that Judge Rebecca Goodgame-Ebinger is the Article III judge assigned to the case. Judge Stephen Jackson is the assigned magistrate judge.

Judge Ebinger-Goodgame: https://ballotpedia.org/Rebecca_Goodgame_Ebinger

Judge Jackson: https://ballotpedia.org/Stephen_B._Jackson,_Jr.

Rebecca will not be kind to the defendants me thinks, nor should she be