![]() Last year, Jason Carter filed another state lawsuit naming Bill Carter and the estate of Shirley Carter in another bid to overturn the $10 million civil verdict against him. That motion has not yet been ruled on or set for hearing, according to online court records. ![]() The defendants in the case filed a motion for a federal judge to do just that in the days following the appeal decision. Since the federal case was tossed originally on jurisdictional grounds, those points of the law have not yet been ruled on. It has to conduct a reasonably thorough investigation. Nathan Olson, an attorney for Jason Carter argued that if "law enforcement is contemplating an arrest, they can't disregard plainly exculpatory evidence. They cited that separate district court judges ruled there was probable cause for an arrest warrant of Jason Carter and probable cause to take the case to trial.Īccording to court transcripts, Jeffrey Peterzalek, an attorney for Ludwick, argued to a judge that "even if the court would determine that there could be some arguably constitutional violation, there certainly is nothing in the law or a body of law that would indicate that a situation where you have multiple determinations of probable cause by a court that that person would not be entitled to qualified immunity." Jason Carter has filed another lawsuit in state court, which is under appeal after an Iowa District Court judge dismissed it.ĭuring appeal arguments last October before the eighth circuit court, attorneys for the investigators argued their clients had qualified immunity from Jason Carter's claims. ![]() Since that acquittal, Jason Carter's attention has focused on attempts to overturn the $10 million civil verdict against him and suing the investigators who worked the case. Attorneys say that evidence led to Jason Carter's acquittal after a jury deliberated for under two hours. In court filings, attorneys for Jason Carter say law enforcement were selective with the evidence they gave to his father, Bill Carter, during the civil lawsuit by withholding "significantly exculpatory/favorable evidence."ĭuring the criminal trial, prosecutors handed that exculpatory evidence over as they are required to do in the criminal process. ![]() Named as defendants are Iowa Division of Criminal Investigation Agent Mark Ludwick, as well as the Marion County Sheriff's Office and Deputy Reed Kious. In their lawsuit, Jason Carter alleges that law enforcement violated his constitutional rights in the murder investigation. The attorneys say the criminal investigation was "appallingly incomplete and misdirected." They say "incompetence divided a family in the wake of a tragedy." "Jason Carter decided to dismiss Bill Carter from the federal lawsuit so Jason and his legal team can concentrate on addressing unconstitutional actions of investigators and the resulting harm to the Carter family," his attorneys said in a press release Tuesday. ![]()
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