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Federal Jury Rules Against Storm Lake Police

November 23, 2014

(Sioux City)– A federal jury has found the Storm Lake Police Chief and a Police Captain illegally detained a couple outside their home.

Chief Mark Prosser and Captain Todd Erskine were ordered to pay nine thousand dollars to Jani Cruz and one thousand dollars to Milton Cruz for pain and suffering. The jury handed down its decision after a three-day trial in Sioux City. They found the actions of Prosser and Erskine on August 11th, 1999 constituted an illegal arrest because their conduct was unreasonably intrusive.

Court records say Prosser and Erskine had responded to a 9-1-1 call at the Cruz home. After placing the person needing help in a squad car, Prosser and Erskine entered the house with guns drawn and went into the Cruz couple’s bedroom. The Cruzes…who were both naked…were ordered out of their bed. The two officers then handcuffed and clothed them before taking them from their home.

The city of Storm Lake had also been named as a defendant in the suit…but the jury found the actions of Prosser and Erskine were not a result of the city’s policies or practices.