Two Iowa men have sued the Nebraska State Patrol, claiming they were wrongfully arrested and had false information released about their arrests.
Paul Shimer and Cody Hagle, both of Iowa, filed the lawsuit Monday in Dawson Couny District Court.
According to the lawsuit, Shimer was a truck driver who had a contract with Indiana Transport. In July 2020, he agreed to have Hagle accompany him on a contracted trip to deliver a recreational trailer to California. On the return trip, Shimer agreed to haul a load of hemp from a producer in San Benito, California to Maryville, Missouri.
The lawsuit claims Shimer and Hagle picked up the hemp along with a bill of lading and certificate of Delta 9 THC content test results from the producer before leaving California for Missouri.
On July 16, 2020, the lawsuits says Shimer and Hagle were headed to Missouri when they exited at the Lexington I-80 exit to visit a hobby shop. Soon after they exited, NSP troopers conducted a traffic stop on the pickup driven by Shimer.
The lawsuit does not indicate why NSP initiated a traffic stop, but in an NTV News story published following the incident, NSP claims they were pulled over for failure to signal a turn as they exited.
During the traffic stop, the trooper claims he smelled marijuana coming from the bed of the pickup and conducted a search.
The lawsuit says that during the search, a trooper discovered the hemp, bill of lading and certificate of THC content test results. Hagle reportedly told the trooper he has a lawfully-registered firearm that was unloaded, disassembled and stored in the bed of the pickup truck. Ammunition was stored separately from the firearm, the lawsuit claims.
According to the lawsuit, the trooper’s superior told him Nebraska law required Shimer and Hagle be released as they were in possession of THC content test results and a bill of lading for the hemp. However, the trooper allegedly said he didn’t care and proceeded to arrest the men.
The lawsuit says an NSP news release – and subsequently media reports based off of the release – falsely stated Shimer and Hagle were arrested for having more than 50 pounds of marijuana in their possession. They claim to have suffered “significant personal loss” due to the news release and media reports.
Shimer was charged and later found guilty of carrying or transporting hemp – a class 4 misdemeanor – and ordered to pay a $50 fine and court costs.
Hagle was charged with being in Possession of Firearm while in Possession of Marijuana with Intent to Distribute. The case was bound over to Dawson County District Court but there is no record on the disposition of the case.
A state law enacted in 2017 allows for people who are acquitted of crimes or whose charges have been dropped, to have their court records sealed.
The lawsuit claims Shimer and Hagle were fired from their respective jobs due to the charges and media reports on the incident and have not been able to secure employment since.
The lawsuit seeks damages and attorney’s fees to be proven at trial.