The Deputy Sheriff of Mahaska County, Oskaloosa, Iowa, Richard Adams and his wife Melissa have been implicated in a lawsuit for allegedly, forcefully taking a child away from her father.
Ashley Elaine, 16, and her biological father, Robin Scott Evans, 47, accused the couple of abduction, false imprisonment, abuse of power, violation of civil rights and of harbouring a runaway child. The lawsuit was also filed against Mahaska County.
The couple had applied for and were granted co- guardianship of Ashley in 2007. This, the plaintiff claims, was done without notifying him and hence violated his rights to be informed about the due process of the application.
In November 2007, responding to a 911 call from the Evan's residence, Richard and Melissa took Ashley away from her father and kept her location secret until they were forced to return her to her father by order of court issued 29 April 2008.
Judge James Q. Blomgren who presided over the 29 April ruling stated that the order to grant guardianship of the minor girl to the Adams was illegal and was a violation of due process. He further stated that factors such as the death of a parent, abandonment of the child or demonstrable harm to the child qualified the appointment of a guardian. In this case the Adams had failed to prove any of the above mentioned factors.
The plaintiffs have asked for a jury trial and their lawsuit requests damages for unjust imprisonment, violation of rights, humiliation and embarrassment, mental and emotional distress, expenses incurred in defending the guardianship petition of the Adams and exposure to public hatred and ridicule. The lawsuit is also seeking expenses incurred by the plaintiff in searching for his daughter.
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