JACKSON COUNTY (KSNT) – A federal judge is allowing a lawsuit to move forward against a Jackson County Sheriff’s deputy after he allegedly violated a Holton man’s Fourth Amendment rights.
Court documents obtained by 27 News show that U.S. District Court Judge Kathryn Vratil overruled a motion to dismiss a lawsuit filed by Rex D. Larrison against Deputy Philip G. McManigal with the Jackson County Sheriff’s Office on Sept. 2. McManigal filed the motion on April 28 this year after Larrison filed suit against him on March 17.
Rex Larrison’s lawsuit claims that McManigal, while serving in his official duties as a sheriff’s deputy, violated his rights under the Fourth Amendment. The lawsuit asserts that McManigal prepared a search warrant affidavit that lacked probable cause which later led to an unlawful search of Larrison’s properties and his arrest.
Multiple law enforcement agencies, including the Jackson County Sheriff’s Office, participated in a search warrant on a home in Holton on April 23, 2024 in the 400 block of East Sixth Street in connection to a missing person investigation and death. Jackson County Sheriff Tim Morse said the search was connected to a Russian immigrant, Shevtensko Larrison, who went missing in the early 2000s and another Russian immigrant, Elena Kristova Larrison, who died as the result of an accident in 2006. Both women were married to Rex Larrison.
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The Jackson County Sheriff’s Office arrested Rex Larrison on April 25, 2024. He was arrested on an allegation of criminal use of an explosive.
McManigal claimed in his motion to dismiss the lawsuit that he is entitled to qualified immunity. This protects government officials from liability for performing discretionary functions only if it doesn’t violate constitutional or clearly established statutory rights, according to court documents.
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