Dismissed `without prejudice’ means suit could be refiled


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A $2 million lawsuit filed against the Daviess County Sheriff’s Department and the Missouri Highway Patrol was dismissed this week; however, when a case is dismissed without prejudice as this one was, the plaintiff would be allowed to bring a new suit on the same claim.

Martin Jonassen of Elwood, Kan., filed the case on May 17 on behalf of his minor children, in connection with an incident that occurred in 2008 while his minor children were residing in Daviess County. Jonassen has been handling the case Pro Se (without an attorney).

Mr. Jonassen had accused the Daviess County Sheriff’s Department and the Missouri State Highway Patrol of the following – abuse of discretion; assault, violation of civil rights – including due process and equal protection rights; brutality; excessive force; illegal fingerprinting; illegal search and seizure; physical abuse of minor children, mental abuse of minor children, emotional abuse of minor children; causing untold other losses, damages, injuries and scarring. Jonassen, the biological father of the minor children, was seeking actual damages and punitive damages in excess of $2 million.

The following summarizes the incident that occurred May 15, 2008: Due to several outstanding warrants, Trooper John Lynch and Daviess County Deputy Todd Watson followed Moses Jonassen, 19, to his home at Jameson. Jonassen resisted arrest and his family became involved in the fray. In addition to Moses Jonassen, six other family members, including three minor children, were arrested on varying charges.

Kevin Heldenbrand was Daviess County Sheriff at the time.