Keokuk County, sheriff named in arrest lawsuit

A Jasper County felon arrested in November on suspicion of illegally controlling a firearm has filed a lawsuit in federal court against Keokuk County, its Sheriff's Office, Sheriff Jeff Shipley and a deputy who he says assaulted him.

Charles Martin, 41, filed the lawsuit in U.S. District Court on June 27 alleging civil rights violations including the right to be free from unreasonable seizures, excessive use of force and the right to due process. He also is accusing the defendants of assault and battery and negligence.

Martin, according to the lawsuit, was arrested Nov. 13 in rural Keokuk County. Court records indicate he was accused of numerous offenses at the time, including having control of a firearm by a felon, having a loaded gun and hunting by artificial lights.

He was convicted earlier this year of the firearm and hunting violations and is serving a probation term, according to the Iowa Department of Corrections.

During his arrest, according to the federal lawsuit, Martin says he was restrained and handcuffed and escorted back to a squad car by Keokuk County sheriff's Deputy Adam Pence.

“Deputy Pence pulled Mr. Martin's left hand behind Mr. Martin's back until his left hand touched the right side of his face, while Mr. Martin was still in handcuffs,” according to the lawsuit. “Deputy Pence's action caused Mr. Martin to fall to his knees in pain.”

The alleged actions caused injuries to Martin's bicep and rotator cuff that have required physical therapy, he said.

Martin is accusing Pence of violating his constitutional rights by, among other things, assaulting him “without legal justification or excuse.” He's asking for a judgment of all allowable damages for deprivation of his constitutional rights and past, present and future pain and suffering and medical expenses.

He is accusing Keokuk County, the sheriff's office and Shipley of assault and battery because, according to the lawsuit, they are liable for Pence's actions. He also says the county, sheriff's office and Shipley were negligent for failing to instruct, supervise, control and discipline Pence.

Martin is demanding a jury trial for his claims.

Martin has been sentenced into the supervision of the Iowa Department of Corrections at least three times previously, according to department records. His first term came after he was convicted in 2001 on charges of second-degree burglary and willful injury causing serious injury.

His second time came in 2008 after he was convicted of assault.

Shipley has been involved in a string of legal issues since 2008. He was arrested last summer after a state trooper pulled him over in Sigourney and reported a strong odor of alcohol coming from his truck. The trooper also noticed Shipley had bloodshot and watery eyes, and there were Busch Light cans behind the passenger seat, according to an investigative report.

Shipley refused to cooperate with field sobriety tests and did not consent to a blood alcohol content test. But the Washington County Attorney's Office declined to prosecute charges against Shipley, citing his popularity in town and a lack of evidence that his blood alcohol content was over the legal limit to drive.

Before that, in August 2008, Shipley was arrested on suspicion of boating while intoxicated and child endangerment after an incident on Coralville Lake. He still won the sheriff's election in November and pleaded guilty on Nov. 25, 2008, to operating a motorboat while intoxicated.

He was sentenced to pay fines and spend two days in jail, according to court records.

Shipley, whose term is set to expire this year, ran to keep his post in the primary election in June but lost the Democratic nomination. It's unclear whether he will re-enter the race as an independent.

He didn't immediately return a call from The Gazette on Thursday.