Gamblers' lawsuit over Iowa forfeiture will move forward

A lawsuit brought last year by two California gamblers whose $100,020 poker bankroll was seized after a warrantless search by two Iowa State Patrol troopers can move forward, a judge ruled Wednesday.

U.S. District Judge James Gritzner chose not to dismiss the lawsuit brought against troopers Justin Simmons and Eric VanderWiel, as well as Desert Snow, an increasingly-scrutinized private company that trains officers on conducting roadside searches to find drugs, cash, guns and other contraband. The lawsuit and civil liberties advocates have criticized Desert Snow for teaching questionable practices, such as singling out vehicles with out-of-state plates for stops and searches.

An attorney for William "Bart" Davis and John Newmerzhycky filed the lawsuit in federal court in September. The pair were driving along Interstate 80 back to California from a World Series of Poker event in April 2013 in a rented Nissan Altima when Simmons pulled them over in Poweshiek County. The trooper claimed Newmerzhycky failed to use his turn signal while passing an SUV, but attorneys have argued that video from Simmons' patrol cruiser shows the California man signaling properly.

The trooper claimed that Newmerzhycky was fidgeting and appeared nervous during a so-called motorist interview conducted in Simmons' vehicle. Simmons used that to justify a search of the vehicle. The two troopers found the cash and a small amount of marijuana during a search.

The Poweshiek County Attorney's Office sought to seize the money under Iowa's civil forfeiture law, but ultimately returned $90,000 to the California men through a settlement agreement. Newmerzhycky pleaded guilty to a misdemeanor possession of drug paraphernalia charge.

In interviews last year, the two said they hoped the lawsuit would help them recoup the money they spent fighting the forfeiture.

"They destroyed my life, destroyed my reputation, destroyed my health," Newmerzhycky said.

In his ruling, Gritzner wrote that the lawsuit's allegations are enough for a claim to move forward that the troopers and Desert Snow acted as part of a conspiracy to violate Newmerzhycky and Davis' constitutional rights.

The lawsuit claims the troopers had no probable cause to detain the men for a search of their vehicle, and that Desert Snow teaches officers improper techniques for justifying such searches. Gritzner also ruled that Newmerzhycky's guilty plea to the drug charge does not bar him from bringing a civil claim.

The case has drawn national attention from media outlets including CNN and the Washington Post after being highlighted in The Des Moines Register. The Register in April published a series questioning the integrity of Iowa's civil forfeiture system, which has led to the seizure of nearly $43 million over the last six years.