Lawyers representing more than two dozen Iowa and Iowa State athletes have filed a federal lawsuit in U.S. District Court nearly a year after a state enforcement agency state law used geolocation technology without a warrant to access the gambling information of more than 40 athletes and hundreds of students on both campuses.
The six-count, 47-page lawsuit filed in the Southern District of Iowa in Des Moines accuses the Iowa Division of Criminal Investigation of violating the athletes’ civil rights and conducting a unreasonable seizure under the Fourth and 14th Amendments.
According to the complaint, DCI Special Agent Brian Sanger allegedly drew boundaries around athletic facilities using technology provided by Canadian company GeoComply on both campuses in early 2023. This allowed Sanger to identify game account numbers, but not specific account holders. Next, DCI subpoenaed records from various sports betting companies revealing that account holders engaged in sports betting at these facilities. Prosecutors in Story County (Ames) and Johnson County (Iowa City) later charged these athletes with underage gambling and identity theft, among other charges.
After Sanger’s January deposition, in which he admitted in Story County Court that he failed to obtain a warrant when using GeoComply technology, the company ended its partnership with DCI .
In a statement, the Iowa Department of Public Safety, which oversees DCI, maintained its use of geofencing of sports facilities.
“Prior to using the tools provided, the Department of Public Safety spoke with legal counsel to ensure lawful access and use of the technology,” the department said. “We believe the evidence was obtained in a constitutionally permissible manner. Ultimately, it’s up to the courts to decide.”
The defendants include the State of Iowa, DCI, the Iowa Department of Public Safety (DPS), DCI Special Agents David Jobes, Troy Nelson, and Sanger (both in their official capacities and individually), DPS Commissioner Stephan Bayens and DCI Director Paul Feddersen. Bayens and Feddersen are accused of failing to provide adequate training and supervision, resulting in a violation of the plaintiffs’ constitutional rights.
Athletes listed as plaintiffs include former Iowa State football players Eyioma Uwazurike, Hunter Dekkers, Jirehl Brock, Isaiah Lee, DeShawn Hanika, Jake Remsburg, Howard Brown and Dodge Sauser. Also joining the lawsuit are former Iowa football players Noah Shannon, Arland Bruce IV, Aaron Blom, Jack Johnson and Harry “Reggie” Bracy, as well as current Nebraska men’s basketball player Ahron Ulis, and former Iowa State basketball player Jeremiah Williams.
Additionally, several Iowa wrestlers, including Nelson Brands (nephew of Iowa wrestling coach Tom Brands) and four-time All-American Tony Cassioppi, as well as third-team baseball player from the Iowa, Keaton Anthony, are among the plaintiffs.
The plaintiffs, represented by Van Plumb, Matt Boles and Adam Witosky, seek judgments for an unspecified amount for the following damages:
- Deprivation of their constitutional rights;
- Humiliation, degradation, public ridicule, loss of personal reputation and emotional distress;
- Actual and compensatory damages, including, but not limited to, past, present and future pain and suffering and medical expenses;
- Punitive damages;
- All expenses associated with pursuing this action, including, but not limited to, court costs, anticipated investigative costs, anticipated expert fees, and maximum legally allowable judgment interest; And
- Any other expenses permitted by federal or state law, including, but not limited to, reasonable expenses.
The Sandy Law Firm is likely to file a similar lawsuit on behalf of seven other athletes.
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(Photo: Jeffrey Becker / USA Today)