Des Moines pays $875,000 to family police detained while their relative died

Des Moines has agreed to pay $875,000 to settle a lawsuit that accused police officers of violating a family's constitutional rights by detaining them at the police station as their relative died in a hospital.

The incident stemmed from a family gathering in August 2017, when Shawn Davis stabbed his brother Preston Davis. The victim's wife, Crysteal Davis, brother Damon Davis, and cousin Iisha Hillmon witnessed the stabbing, court records show.

The relatives were not suspects in the killing, police said, but officers took them to the police station and questioned them for more than three hours rather than taking them to the hospital to see Preston Davis, who was critically injured.

He died while his relatives were at the station. Shawn Davis was later convicted and sentenced to up to 50 years in prison.

A year later, Crysteal Davis, Damon Davis, and lisha Hillmon filed a lawsuit against Des Moines police officers Trevor Spear, Ryan Neumann, and Lucas Kramer; the officers' watch commander, Robert Clock; Des Moines Police Chief Dana Wingert and other officers involved in the case. The family claimed they were subjects of illegal search and seizure and false arrest.

The Des Moines City Council approved an $875,000 settlement at a meeting in early January.

Des Moines City Manager Scott Sanders told the Des Moines Register in a written statement the family was detained while police investigated "a chaotic murder scene" and worked to gather evidence for a case that was "successfully prosecuted."

"As part of that investigation, family members were transported initially to the Police Station instead of the hospital where the decedent expired," Sanders said. "New training procedures have made sure that similar situations will be avoided in the future."

Gina Messamer, attorney for the plaintiffs, told the Register her clients are ready to put the lawsuit behind them.

"My clients appreciate that Des Moines treated this seriously and tried to make it right," Messamer wrote in an email. "The lawsuit took years and the family is thankful to finally have some closure."

Settlement comes after 4-year court battle

When family members initially filed the lawsuit in Polk County in August 2018, police denied the allegations and argued they had immunity from the lawsuit. It was later transferred to federal court in November 2019.

Qualified immunity protects police and other government officials from liability by allowing lawsuits only when officials violate a "clearly established" constitutional right.

But the U.S. District Court for the Southern District in Iowa ruled in June 2021 that Spear, Neumann and Kramer violated the plaintiffs' constitutional rights and denied the officers' motion for qualified immunity.

The officers appealed and in May 2022, the U.S. Court of Appeals affirmed the district court's ruling. The court emphasized that the officers had no probable cause for questioning and detaining the family members.

"This detention was a most intrusive means of questioning survivors after a violent crime: the officers transported the family to the police station, separated them, took away Iisha’s phone, and expressly prevented her from telling Crysteal that her husband had died," wrote 8th Circuit Judge William Duane Benton.

Sgt. Paul Parizek, spokesperson for the Des Moines Police Department, later told the Register the department respects the decision from the U.S. Court of Appeals and police will "strive for the continued delivery of the exceptional service that keeps our community safe."

"The desire of the men and women of the Des Moines Police Department to serve our community is sincere and strong," he said at the time. "Often, that service occurs during some of the most serious crimes, and our effort to bring justice for victims is concentrated on the integrity of those investigations, and the timely preservation of evidence."

Courts reporter William Morris contributed to this story.

Virginia Barreda is the Des Moines city government reporter for the Register. She can be reached at vbarreda@dmreg.com. Follow her on Twitter at @vbarreda2.

This article originally appeared on Des Moines Register: Des Moines settles with family police detained as their relative died