Iowa student-athletes want to amend lawsuit over warrantless search in sports betting probe

The 26 current and former college student-athletes who filed a federal lawsuit against the Iowa Department of Public Safety and state officials over a warrantless search in a sports betting investigation, are asking a judge to delay ruling on a motion to dismiss from the Iowa Attorney General’s Office until they amend their lawsuit.

The athletes — mostly from the University of Iowa and Iowa State University — want to resolve the issues the defendants raised in their motion. They will drop the state; Iowa Department of Public Safety and Commissioner Stephan Bayens; Iowa Division of Criminal Investigation and Director Paul Feddersen from the suit. That leaves DCI Assistant Director David Jobes and Special Agents Troy Nelson and Brian Sanger named in the suit.

According to the motion, the athletes also plan to add relevant facts to show they have standing to bring the suit and to add facts to ensure they have a plausible claim of constitutional violations regarding warrantless searches, equal protection and due process of law.

The amended petition also will add individuals who are alleged to have committed constitutional violations — DCI Special Agents Christopher Adkins, Heather Duenow, Phillip Kennedy and Christopher Swigart, according to the motion.

The January deposition of DCI Special Agent Brian Sanger, who testified about his knowledge of the “illegality of defendants’ conduct” and how they initially started conducting the searches on the athletes, also will be included in the amended petition, the motion states.

In the motion, Matthew Boles, one of the lawyers for the athletes, said the state will resist amending the petition, but he pointed out the amended lawsuit would further secure a “just, speedy and inexpensive determination” of this action. This amendment won’t delay the proceedings, Boles states, and the request was filed by Aug. 30, the extended time granted by the court to respond to the motion to dismiss.

The athletes also asked the court if the amended petition is denied, they would like a 10-day extension to file a response to the pending motion to dismiss.

In the student-athletes’ original suit, they assert DCI agents illegally used geofencing software to pinpoint online sports wagering by student-athletes and searched student-athletes’ phones without search warrants.

The athletes are seeking compensation for “humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress,” as well as punitive damages.

“Due to DCI’s actions and/or failures to legally investigate the plaintiffs, the plaintiffs were all indicted and some convicted, severely upending their lives, collegiate careers, and future opportunities,” said the 47-page lawsuit.

Bird: State didn’t violate athletes’ constitutional rights

Attorney General Brenna Bird and assistant prosecutors, in the motion to dismiss, said the state didn’t violate the athletes’ constitutional rights. They had no reasonable expectation of privacy in the location data which they “voluntarily” shared with third-party sportsbooks, the motion states. No illegal search or seizure occurred.

Several of the athletes lack standing because the “allegedly searched accounts weren’t even theirs,” the motion stated. Even if a search occurred, the athletes consented to disclosure of their location data to the government or law enforcement.

“Plaintiffs knowingly and voluntarily shared their locations through their betting applications so they could gamble online,” the motion to dismiss stated.

The athletes also can’t show they had a right to be free from a warrantless review of location data that was voluntarily shared with third-party betting companies to comply with “territorial gambling regulations and gamble online was clearly established.” The state also contended all the defendants have qualified immunity.

The motion asserted the plaintiffs fail to state any “failure-to-train-or-supervise claim” because they can’t show Baynes or Feddersen directly participated in constitutional violations to establish individual liability. Qualified immunity also would shield them from the lawsuit because the athletes had no “clearly established constitutional rights” associated with location data.

The motion also asserts the state didn’t cause the athletes’ damages. The college and universities suspended the athletes, not the state officials.

“Finally, plaintiffs demand a civil recovery for their own criminal activity — and that’s just wrong as a matter of public policy,” the motion stated. “Even if the plaintiffs’ rights were infringed, and even if they could link their damages to defendants’ acts, they have unclean hands.”

Eleven athletes ask to join the petition

After the original 26 student-athletes asked to amend the petition, several other athletes alleging violation of constitutional rights regarding warrantless searches asked to join the petition.

Those joining are: Paniro Johnson, Terry Roberts, Brennan Swafford, Corey Cabanban, Cameron “Cam” Jones; Samuel Schuyler; Carter Schmidt; Nathan Schon; Drew Woodley; Jeremiah “Trey” Mathis III; and Evan Schuster.

The amended petition by the athletes had not been filed as of Wednesday afternoon.

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