Deb Gruver accepts $235,000 in settlement, while other defendants remain in lawsuit stemming from 2023 raid on Marion County Record newspaper.
A former reporter for a Kansas newspaper has settled part of her federal lawsuit over a police raid on the local newspaper that sparked national concerns about press freedom violations.
Deb Gruver, a former reporter for the Marion County Record, reached the settlement on June 25 following her lawsuit against former Marion Police Chief Gideon Cody, who is accused of reinjuring Gruver's previously injured hand when he allegedly grabbed her personal phone during an Aug. 11, 2023, raid on the newspaper.
Former Kansas Reporter Settles Part of Lawsuit over Controversial Press Freedom Raid
The settlement removes Cody from the lawsuit, but the Marion County sheriff and the county's prosecutor – who were also sued by Gruver over the raid – were not covered by the settlement, according to The Associated Press.
Gruver's lawsuit is one of five federal suits filed over the raid against the city, county, and eight current or former elected officials or law enforcement officers.
Former Kansas Reporter Settles Part of Lawsuit over Controversial Press Freedom Raid
In the raid, Cody led police to search the newspaper's office, the home of publisher Eric Meyer, and the home of a then-city council member after a source contacted the newspaper and the council member with information about a restaurant owner seeking a liquor license.
The source alleged Kari Newell had been convicted of drunk driving and was driving without a valid driver's license, and that law enforcement was ignoring her repeated violations.
Former Kansas Reporter Settles Part of Lawsuit over Controversial Press Freedom Raid
Meyer chose not to publish the story and instead informed Cody and Marion County Sheriff Jeff Soyez about the allegations.
Law enforcement launched an investigation and obtained a search warrant for evidence of identity theft and criminal use of computers, and alerted Newell.
Computers, cellphones, and reporting materials were seized over alleged violations related to identity theft and unlawful acts concerning computers, after a search warrant was signed by Marion County District Court Magistrate Judge Laura Viar.
Law enforcement was also authorized to search for devices used to access the Kansas Department of Revenue's records website, as well as documents and records pertaining to Newell.
The federal Privacy Protection Act generally prohibits law enforcement from searching journalists and newsrooms and requires subpoenas rather than search warrants. The police department argued that the law does not apply when journalists are suspected of criminal wrongdoing.
Cody alleged that the newspaper, reporter Phyllis Zorn, and the then-city council member had committed identity theft or other computer crimes in obtaining information about Newell.
The three denied any wrongdoing, and no charges were ever filed.
Zorn is seeking $950,000 in damages in her federal lawsuit for deprivation of press and speech freedoms, and protection from unreasonable police searches.
During the search of the newspaper office and Meyer's home, officers seized two computers and an Alexa smart speaker used by Meyer's 98-year-old mother and newspaper co-owner. She collapsed and died in her home the day after the raid, despite being in otherwise good health for her age, her son said at the time.
Meyer and the newspaper filed a federal lawsuit alleging the raid caused his mother's death. The lawsuit also suggested the raid was carried out in response to an investigation into Cody's background.
Cody seized Gruber's personal phone and had her desk searched, though she was not involved in obtaining the driving record, but was investigating Cody's past.
The raid sparked national outrage over concerns about press freedom. Cody resigned as police chief less than two months after the raid.
The Associated Press contributed to this report.
