Federal lawsuit filed against Missouri State Highway Patrol
A federal lawsuit was filed Friday against the Missouri State Highway Patrol along with troopers, commanders, and the Morgan County coroner.
Brandon Ellingson’s parents in Iowa filed the complaint.
Ellingson drowned May 31, at the Lake of the Ozarks while in Highway Patrol custody.
Controversy has surrounded Ellingson’s death after trooper Anthony Piercy did not put Ellingson in the correct life vest while handcuffed.
The trooper was driving at high speeds before Ellingson fell overboard.
The Ellingson family is suing a dozen people:
Anthony Piercy, Ronald K. Replogle, Bret Johnson, Gregory Kindle, Darewin Clardy, Justin McCullough, David Echternacht, Eric Stacks, Donald Barbour, Chris Harris, Timothy Fick, and M.B. Jones.
M.B Jones, the Morgan County coroner, held a coroner’s inquest in September to determine the manner in which Ellingson died.
However, during the inquest Jones showed only one toxicology report.
The toxicology report, with a lower alcohol content, that was done by Highway Patrol and showed a lower alcohol content was not in the final report.
ABC 17 News requested and received the other toxicology report from Highway Patrol showing Ellingson’s blood alcohol content was .240.
The federal complaint also contends Trooper Piercy’s actions or lack thereof resulted in Ellingson’s death.
Training was also mentioned several times in the lawsuit.
Piercy’s lack of training to be on the water is why Capt. Kindle and Lt. Clardy are mentioned in the complaint.
The Ellingson’s also say while Highway Patrol was investigating their son’s death, the goal was not the truth but rather a cover-up.
The complaint states, “Theses defendants each had actual knowledge of the conspiracy, the power to prevent or aid in the prevention of the conspiracy, and neglected or refused to prevent the conspiracy.”
The Ellingson’s also claim the Highway Patrol violated the Missouri Sunshine Law because the family was unable to get certain documents regarding the case.
