WICHITA, Kan. — Ruth Herbel, former vice mayor of Marion, Kansas, filed a federal lawsuit Tuesday against several Marion officials connected to the raids on her home and the Marion County Record.
Wednesday, Herbel and her attorneys from the Institute of Justice spoke to reporters about the lawsuit.
"I hope this sends a message to the law enforcement community that if they violate the First and Fourth Amendments, then they need to be held accountable," Herbel said.
Per the lawsuit, Marion officials violated Herbel's First and Fourth Amendment rights when they searched her home and seized her property.
Herbel, 81, who served as Marion's vice mayor at the time of the raids, claimed former Mayor David Mayfield, along with former Marion Police Chief Gideon Cody and Marion County Sheriff Jeff Soyez, conspired to remove Herbel from office for criticizing Mayfield during their time serving on the city council.
Jared McClain, one of Herbel's attorneys, addressed the claim during the press conference.
"She (Herbel) called for honesty and transparency in government, and that upset the people in power," McClain said. "Mayor Mayfield tried repeatedly to silence Ruth while she was in office, and eventually, he decided that the only way to do so was to have her arrested and removed from office.
"He (Mayfield) had some of his buddies draw up a bogus warrant to search Ruth’s home along with the Marion County Record's office and the home of the Record's publisher."
Herbel previously told the KSHB 41 I-Team her dispute with Mayfield began when she opposed one of his proposed ordinances.
"I campaigned against this ordinance," she said. "In December 2022, it was brought to a referendum, and the voters rejected this ordinance."
After the ordinance was struck down, Herbel said Mayfield began a petition in 2023 to oust her from the city council, which failed due to a lack of signatures.
"Then, Aug. 11 came when the raid happened at my home," Herbel said.
During the press conference, McClain told reporters, "The First Amendment ensures that people can participate in the First Amendment without fear of retribution. Marion officials violated that right."
According to the lawsuit, Mayfield "instructed Chief Cody to open an investigation into the administration’s critics."
LINK | Full Marion coverage
The raids centered around a local businesswoman's driving record, which was provided to the Marion County Record and Herbel.
Restaurant owner Kari Newell was seeking a liquor license for her business at the time.
While the city council does not determine if a business can obtain a liquor license, Herbel urged the city council in emails to investigate a previous DUI Newell had on her driving record.
Newell's driving history is public record under state law.
However, Cody claimed Herbel committed a crime by obtaining the information, which was sent to her by the same tipster the newspaper received the information from.
LINK | Read the lawsuit here
"Mayor Mayfield, Chief Cody and Councilman Zach Collett all messaged Kari Newell separately to warn her that Ruth knew about Newell’s suspended license," the lawsuit stated. "The conspirators obtained warrants for Ruth but not the other city officials who also received a copy of the Newell letter because their intent was to punish Ruth for her political opposition of the Mayfield administration, generally, and Kari Newell’s license application, specifically."
When asked about Herbel's claims, specifically regarding former Mayor Mayfield, Jennifer Hill, attorney for Mayfield, Cody and the city of Marion told the I-Team, "No comment."
This is the fifth lawsuit filed in relation to the Aug. 11 raids, including a lawsuit filed by Eric Meyer, owner of the Marion County Record.
"Their investigation was malicious, abusive and retaliatory, and the 'crimes' the conspirators investigated were merely pretext to punish Ruth’s protected speech and political viewpoints," per the lawsuit. "The warrants were an official tool that the conspirators abused to achieve that political end."
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