A New Hampton, Mo., couple alleges that Nodaway County authorities used pepper spray and illegal force during a raid of their home in 2011.
Nodaway County Sheriff Darren White and Capt. David Glidden were named as defendants in a civil lawsuit filed in U.S. District Court.
Plaintiffs Jason and Laura Hagan claim in the federal lawsuit that they were subject to an unlawful entry into their home. The lawsuit alleges Mr. and Mrs. Hagan were pepper-sprayed and physically assaulted in front of their three children in their home.
“On Sept. 30, 2011, Capt. David Glidden and Sheriff Darren White, both of the Nodaway County Sheriff’s Department, forcefully entered the home of Jason and Laura Hagan, without consent or court order,” the lawsuit detailed. “The officers peppered-sprayed Jason, Laura and their dog, and Glidden shot Jason with this Taser.”
According to court documents filed by the couple’s attorney, Peter Kamakawiwoole Jr., the incident originated after a social worker with the Department of Social Services contacted Mr. Glidden in reference to needed assistance to enter the couple’s home to check on the couple’s children. After Mr. Glidden arrived, Mrs. Hagan was outside of the front porch. Mr. Kamakawiwolle is an attorney with the Home School Legal Defense Association.
“While Laura was talking with Captain Glidden, Jason called the Home School Defense Association to see legal advice on how to respond to Captain Glidden and the social worker,” the lawsuit stated. “Captain Glidden grabbed Laura’s wrist and attempted to pull Laura off the front porch.”
Mrs. Hagan retreated into the home as the couple allegedly told Mr. Glidden that he could not enter the home without a warrant or court order. Pepper-spray was deployed by Mr. Glidden toward Mr. Hagan and his wife as he attempted to make entry into the home, according to the indictment.
A struggle allegedly ensued as Mr. White arrived on the scene. Court documents stated that Mr. Glidden used a Taser on Mr. Hagan multiple times, despite his wife’s claims that he suffered from chest pains and was treated at the emergency room earlier in the week.
The officers handcuffed Mr. Hagan and his wife and transported both residents to the Nodaway County Jail. The couple’s three children were taken into protective custody.
Shortly after the arrests, a criminal case against the couple was filed. The case was later dismissed, citing unlawful entry and search.
Nodaway County Prosecuting Attorney Robert Rice reported that no pending criminal case against the couple remained open in Nodaway County.
Mr. White said neither he nor the Sheriff’s Department had received any court documents about the federal lawsuit and declined to comment. No upcoming motions were immediately scheduled.