Federal judge keeps civil charge against suspended trooper

A federal judge denied a suspended Missouri State Highway Patrol’s motion to throw out a civil rights lawsuit against him.

Judge Nanette Laughrey said a jury could decide on whether Trooper Anthony Piercy violated 20-year-old Brandon Ellingson’s civil rights when Ellingson drowned while in Piercy’s custody at the Lake of the Ozarks. The Attorney General’s Office, who represents Piercy and the other Patrol members involved in the suit, made the motion for summary judgement on the Ellingson family’s federal lawsuit.

Ellingson died in May 2014 when Piercy took him into custody for boating while intoxicated. The 20-year-old Iowa man and Arizona State University student went overboard when Piercy drove into wakes, sending him over the side while handcuffed. A life vest placed on Ellingson came off in the water, and Ellingson drowned while Piercy tried to get him out. A special prosecutor filed an involuntary manslaughter charge against Piercy more than a year later, leading the Highway Patrol to suspend him.

Judge Laughrey’s decision said facts “still reveal objectively unreasonable actions taken by Piercy while arresting and transporting Brandon,” such as the improper life vest used, and the speed Piercy drove with Ellingson in custody. Piercy’s lawyer Doug Leyshock claimed “qualified immunity,” amounting Piercy’s decisions to “bad guesses in gray areas” rather than “excessive force.”

“A jury could find that Piercy knew of an existing risk – that an inebriated person, when handcuffed behind his back without a secured flotation device and positioned leaning against a flipped-up, may fall into the water – but he disregarded that risk by driving at excessive speed,” Laughrey wrote.

The judge also granted summary judgment for many other Highway Patrol supervisors, including retired Colonel Ron Replogle and current Col. Bret Johnson, of civil rights violations. Three other supervisors were granted summary judgement for claims of negligent hiring, training and supervision.

Piercy faces a September trial date for the manslaughter charge in Morgan County.

Lawyers for the Ellingson family said Brandon’s parents were pleased with Judge Laughrey’s decision to let the case proceed against Piercy.

“As a result of that decision, all of the damages claims asserted in this case by the Plaintiffs have been reserved for trial to a jury beginning October 17 , 2016,” Bernard Speath, Jr. of the Des Moines-based Whitfield and Eddy law firm said in a written statement. The Ellingsons look forward to having their day in court so that, at long last, they can secure ‘Justice for Brandon.'”