Oskaloosa.com

CNHI/Southeast Iowa

June 21, 2013

Centerville police officer, city face federal lawsuit

(Continued)

DES MOINES —

The affidavit states Huebner went against Mercy-Centerville emergency department staff and the girl's father's wishes and refused to allow "any of the medical professionals working in the ED to physically examine her daughter."

Reistroffer's affidavit states Huebner suggested the emergency department doctor, Steve Goldman, "lie to her husband, (and possibly to myself), by stating that the exam had been completed on her daughter as requested."

Reistroffer's affidavit's final sentence states Huebner "voluntarily left the ED with her husband and daughter without having provided her daughter the necessary medical examination."

The two charges Huebner was arraigned for on March 29, 2011 were dismissed without prejudice April 5, 2011 by Judge Daniel Wilson.

The lawsuit claims that Reistroffer "intentionally and with deliberate indifference, falsely formulated a pretense of probable cause and fabricated and contrived facts to support the felony charge." The plaintiff of the case alleges that Reistroffer did so in retaliation of Huebner's decision not to allow the sexual abuse evidence examination procedures done on her daughter.

In the defendant's response to the complaint, filed on Feb. 15 of this year by the attorneys for Reistroffer and the city of Centerville, they admit that Huebner "has the constitutional rights afforded to her under the United States Constitution." However, they deny that Reistroffer interfered with those rights and deny that Reistroffer engaged in any illegal, unconstitutional or improper activity.

Both sides have filed motions demanding a jury trial. Currently, the jury trial for the case has been set for 9 a.m. on July 21, 2014 at the United States Courthouse in Des Moines before U.S. District Judge John A. Jarvey.

Representing the plaintiff are attorneys John W. Bruzek of Iowa City and Victoria Cole of Cedar Rapids. Barbara A. Hering and Michelle R. Rodenmeyer are listed as the attorneys representing the city in the lawsuit.

 

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