Marion, Kansas Vice Mayor Gets First Round Victory in Lawsuit Over Unconstitutional Raid

KANSAS CITY, Kan.—A federal civil rights lawsuit from Ruth Herbel, former Vice Mayor of Marion, Kansas, will move forward after a ruling issued late Friday. Ruth sued multiple Marion officials, the city, and the county over violations of her First and Fourth Amendment rights during a raid on her home last year. The decision dismisses some of the named defendants and the county, but allows her lawsuit against former Police Chief Gideon Cody, certain deputies, and the city itself to proceed.

“We were pleased to see the court agree that all of our claims and legal theories should go forward against Chief Cody and the city of Marion,” said Institute for Justice (IJ) Attorney Jared McClain. “We’re still considering our next steps, but we’ll continue to fight to make sure that everyone involved is held accountable for what they did to Ruth and her husband, Ronald.”

Ruth Herbel has lived in Marion for over 60 years. Rather than opt for a quiet retirement, she ran for and won a seat on the city council in 2019. For years, a political conflict simmered, with Ruth and the local newspaper on one side and Mayor David Mayfield and his allies on the other. But that local clash made headlines last summer when police raided the offices of the Marion County Record and Ruth’s home.

With a bogus warrant in hand, police raided Ruth’s home, and Cody seized her cell phone. Even after the warrant was withdrawn, the chief and mayor continued to look for a way to prosecute Ruth. Government officials cannot use criminal investigations to punish their political opponents, which is why Ruth filed her lawsuit.

“Even though all I ever tried to do was the right thing for Marion, I was accused of bogus crimes and had my home raided,” said Ruth. “I still hope that I can hold everyone responsible who abused the law, but I’m pleased the case will move forward against Chief Cody and the city. No one in the United States should think they can use a sham investigation to go punish their political opponents.”