Oelwein man reaches tentative settlement with county over jail assault

CEDAR RAPIDS — An Oelwein man assaulted and seriously injured last year inside the Linn County Jail by two other inmates — who have since been convicted of the brutal attack — has reached a settlement in a lawsuit against Sheriff Brian Gardner and other county officials.

The notice of settlement was filed Friday in U.S. District Court showing that Ethan Palmer and Gardner, jailer Pete Wilson and unknown named agents of the sheriff’s office have agreed to a tentative deal.

  Buy Photo

Jeremiah Junker, one of Palmer’s lawyers, said he couldn’t yet provide details of the settlement because the “terms/agreement are still being ironed out.”

As part of the agreement, Palmer will file a stipulated dismissal with prejudice of the lawsuit — meaning it can’t be refiled — as soon as the settlement is finalized, according to the court documents.

Gardner didn’t immediately respond to an email request for comment.

Other defendants initially named in the lawsuit — agents with the U.S. Marshals Service — were dropped last year, shortly after suit was filed.

Lawsuit

According to the lawsuit, Palmer asserted that in retribution for reporting and assisting in an investigation and prosecution of a Justin Michael Buehler, 39, who was convicted and sentenced to 30 years for distributing methamphetamine, he was severely beaten by inmates Johnny Blahnik Church, formerly known as Drew Blahnik, and Gregory Sills, on May 27, 2022, while in custody in the Linn County Jail.

  Buy Photo

On Jan. 7, 2019, Palmer gave federal agents information about Buehler regularly selling meth to other employees at Pries Manufacturing in Independence, according to the suit. Later that month, Palmer made controlled purchases of meth from Buehler to assist in the investigation.

Authorities arrested Buehler and put him in the Linn County Jail pending his trial.

Palmer was taken from his home on May 27, 2022, by the U.S. Marshals Service as a material witness and placed in the Linn County Jail pending his testimony in Buehler’s trial.

The same day, Buehler was being transferred out of jail — but before he left, he spoke with Blahnik Church, 36, of Marion, and Sills, 50, of Cedar Rapids, about Palmer being arrested and would likely be placed in the jail.

Buehler gave Palmer’s description to Blahnik Church and told him to assault Palmer, and Blahnik Church assured him the inmates would “take care of it.” Buehler also told the entire cellblock that Palmer was an informant for federal prosecutors, the suit asserted.

On May 27, 2022, Palmer was dragged by Blahnik Church from the bathroom and thrown against a table. Blahnik Church then grabbed Palmer and punched him in the face several times, while Sills kicked Palmer in the head. Blahnik Church then hit Palmer over the head with a dinner tray two times and threw Palmer into a table again, according to the suit.

Palmer, after regaining consciousness, alerted jail staff on an emergency call button.

Blahnik Church was sentenced last November and Sills was sentenced last week, each to 10 years, for their roles in the attack and assault.

The room where Palmer was assaulted is monitored by live video surveillance but none of the deputies or jailers came to Palmer’s aid during the attack, according to the suit.

Palmer was treated at the University of Iowa Hospitals and Clinics for extensive injuries, including facial trauma, an orbital fracture, broken nose and teeth and a fractured knee.

Palmer was transferred to the Hardin County Jail and then testified June 7, 2022, in Buehler’s trial, where he was convicted.

In August 2022, Gardner told The Gazette that none of the jail staff witnessed the assault. In reviewing surveillance video, jail administration said that “from the time the assault started until the time Palmer was removed from the cell block was just over three minutes.”

Gardner also said jail staffers aren’t “privy” to which inmates are testifying against whom in court. They receive only a remand, placing detainees in the county’s custody, and any no-contact orders between inmates, Gardner said.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com