Court dismisses city's appeal in Meidinger suit

The Eighth Circuit Court of Appeals has dismissed a Rapid City police officer's appeal, clearing the way for a trial on a former landfill employee's claim that the officer violated his Fourth Amendment rights four years ago.

City Attorney Joel Landeen said Wednesday that the city supports Lt. Peter Ragnone 100 percent and is prepared to go to trial. Ragnone was the detective assigned in 2009 to investigate allegations of fraud at the Rapid City landfill.

As a result of Ragnone's grand jury testimony, scale house attendant Randall Meidinger was indicted on 2010 for forgery and grand theft. The city fired Meidinger in 2009 after Ragnone reported that Meidinger had confessed to cutting a garbage hauler breaks on landfill fees.

A jury acquitted Meidinger of all charges in 2011. A civil suit brought by the city against Meidinger was later dismissed.

Ragnone is the only defendant left in a federal lawsuit filed in 2012 by Meidinger.

In September, U.S. ChiefDistrict Judge Jeffrey Viken dismissed Meidinger's claims against Mayor Sam Kooiker, former Police Chief Steve Allender and former landfill supervisor John Leahy.

Viken also rejected Meidinger's claim that Ragnone violated the 14th Amendment by conducting a reckless investigation and falsified evidence against him,but the judge said a jury should decide if Ragnone's testimony was credible when he told the grand jury that Meidinger had confessed and described a waste material as being only sawdust.

"At this point, we don't believe Peter Ragnone did anything wrong," Landeen said.

Ragnone's appeal of Viken's decision delayed the progress of the District Court case until this week.

Meidinger's legal team welcomed the appellate court's decision.

The rest is here:
Court dismisses city's appeal in Meidinger suit