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An Iowa couple is suing the sheriff of Des Moines County, alleging malicious prosecution related to a property dispute between neighbors.
Douglas and Tracey Beckman, who reside on a farm in rural Des Moines County, are suing Sheriff Kevin Glendening as well as deputies Keaton Hoschek, Dave Hamma and Eric Blodgett in U.S. District Court for the Southern District of Iowa.
In court filings, the Beckmans say they own four parcels of property that are landlocked – meaning there are no public roads in or out of the properties so they can only be accessed by using privately owned roads. For several years, the Beckmans were able to access their land by utilizing an easement in the form of a roadway owned by the David Gustafson family, according to the lawsuit.
By 2021, however, the Gustafson family had determined the Beckmans’ easement rights had expired. In August of that year, Deputy Hamma cited Doug Beckman for trespassing on the Gustafsons’ property in June 2021. The case was later dismissed at the state’s expense.
One year later, in August 2022, Hamma charged Doug Beckman with criminal mischief, a felony, for the June 2021 incident. The lawsuit claims the felony charge stemmed from county officials’ “plotting against Doug to manufacture evidence” against him.
As with the trespassing charge, the criminal mischief case was later dismissed by the county at the state’s expense. On the same day the case was dismissed, however, Deputy Hoschek allegedly threatened Beckman with additional charges should he again make use of the Gustafsons’ property.
In June 2023, the Beckmans took the Gustafsons to civil court in an effort to establish an easement that would give the Beckmans access to their property. The court ruled in the Beckmans’ favor and ordered the creation of such an easement. At the same time, the court issued an injunction preventing the Gustafsons from interfering with the Beckmans’ ability to access their land.
Five months later, the lawsuit claims, Deputy Foster ordered Doug Beckman to get his truck off the easement.
The lawsuit now seeks compensation for “interference” by the sheriff’s office that allegedly caused the Beckmans to lose access to their crops, diminishing their crop yield by roughly 50% per acre.
The county has yet to respond to the Beckmans’ claims of malicious prosecution, abuse of process and violation of their due process rights. Des Moines County Attorney Lisa Schaefer declined to comment on the allegations.