Second Reporter at Kansas Newspaper Files Lawsuit Over Controversial Raids

The last printed issue of the Marion County Record sits in a display in its office in Marion, Kan., on Aug. 13, 2023. John Hanna/AP Photo

A second reporter at a small local newspaper in Kansas has filed a lawsuit over controversial raids in August last year, alleging her constitutional rights were violated.

Phyllis Zorn, an award-winning reporter at the Marion County Record, filed the lawsuit in the US District Court in Kansas City on Feb. 6, alleging a violation of her constitutional rights to freedom of the press and protection against unreasonable searches.

The lawsuit lists the city of Marion, its former mayor, its former police chief, its current interim police chief, the Marion County Commission, the county sheriff, and a former sheriff’s deputy as defendants.

Ms. Zorn is seeking $950,000 in damages and attorney’s fees. The lawsuit states that Ms. Zorn “has sustained damages as a result of the defendant’s conduct,” and that within days of the raid, she began to suffer from tonic-clonic seizures, commonly known as grand mal seizures.

“Prior to the raid, her seizures were under good medical control and she had gone as long as five years without a seizure,” the lawsuit states. “The seizures have been debilitating and have led to extreme depression and anxiety.”

The lawsuit further accuses the defendants of being “co-conspirators in an unconstitutional effort to deny Ms. Zorn her rights under the First and Fourth Amendments to the United States Constitution” due to the actions of the raid.

Raids Tied to Complaint From Restaurant Owner

Law enforcement officials raided the office of the Marion County Record, a weekly newspaper founded in 1869, and the home of its owner and publisher Eric Meyer, on Aug. 11, 2023.

The raids were linked to a complaint by local restaurant owner Kari Newell, who accused the Marion County Record of illegally accessing and disseminating sensitive information about her driving record, specifically a drunk driving conviction, suggesting that the newspaper targeted her after she had ejected Mr. Meyer and a reporter from an event at her restaurant earlier in August.

Personal computers, cell phones, and other materials were seized during the raid carried out by Marion police officers and three sheriff’s deputies. Law enforcement officials also took the newspaper’s file server and various other equipment.

Just one day after the raids on Mr. Meyer’s home, his 98-year-old mother—who was present when police entered the home—died. He attributed her death to the stress of the incident.

An empty spot on reporter Phyllis Zorn's desk shows where the tower for her computer sat before law enforcement officers seized it in a raid on the Marion County Record, in Kan., on Aug. 13, 2023. John Hanna/AP Photo

‘Unreasonable and Unlawful’

In the wake of the police raids, staff, editors, and the publisher of the Marion County Record as well as the newspaper’s attorney have repeatedly insisted that no laws were broken when a public state website was accessed to search for information on Ms. Newell.

The raids sparked widespread criticism among major news organizations and journalism advocacy groups over press freedom. Police Chief Gideon Cody, who ordered the raid, was later suspended.

Ms. Zorn is the second reporter to file a lawsuit over the controversial raid.

Former Marion County Record reporter Deb Gruver sued the former police chief just weeks after the initial raid, alleging emotional and physical injury and accusing Mr. Cody of violating her constitutional rights by obtaining an “unreasonable and unlawful” search warrant and seizing her personal property, including her cell phone.

That lawsuit is seeking $75,000, and both parties are set to meet with a mediator in April, according to court records.

In September, lawyers for Mr. Cody responded to the lawsuit arguing their client is entitled to qualified immunity which bars Ms. Gruver’s claims.

“He acted at all times reasonably and in accord with constitutional requirements,” his attorneys wrote in court documents.

A lawyer representing the city of Marion declined to comment.

Reuters contributed to this report.