Former Dean of Students for Columbia College Dr. Allan Rodgers has his firearms seized by authorities.
Former Columbia College Dean of Students Dr. Allan Rodgers, PhD., and his son Gregory Rodgers filed a civil rights lawsuit jointly with Robert and Raymond Franklin another father & son team under 42 U.S.C. §§ 1981, 1982 & 1983 on February 5, 2013, in the U.S. District Court for the Western District of Missouri for violations of their 1st, 2nd, 4th, 5th and 14th Amendment Rights by the Boone County and Boone County Prosecutor Daniel Knight and his assistant prosecutors Richard Hicks and Cassandra Rogers and The City of Columbia and Officers Chief Kenneth Burton, Geoffrey Jones, Thomas Quintana, Brian Liebhart, Mark Brotemarkle , Michael Valley, Kyle Lucas, and Lloyd Simons by fabricating felony firearms charges that Gregory Rodgers a holder of concealed carry permit who was own property he rented had unlawfully concealed a firearm. Despite his possession of valid Florida concealed carry permit and his location upon his rental property. These government agents then did unlawfully seize and then retained one firearm from Gregory Rodgers person and nine firearms from a storage room safe under the control of Dr. Allan Rodgers that were unrelated to any pending criminal charges against Gregory Rodgers for unlawfully concealing a firearm. These Government agents then did thereafter refuse to return for over a year without providing any sort of post-deprivation due-process hearing. Dr. Allan Rodgers’ firearms were unrelated to any pending criminal charges. These government agents were doing these actions in retaliation for Gregory Rodgers having filed a misconduct complaint against several Columbia Police Officers against police officers. And in further retaliation for refusing to give consent to search of Gregory Rodgers’ home.
On January 28, 2011, Greg Rodgers called Columbia Police Department (CPD) to report being assaulted. Officers Brotemarkle, Valley and Lucas responded and reviewed Greg’s drivers license and Florida Concealed Carry Permit (CCW). After being told they were done and having had his documents returned, Greg attempted to leave when without warning from behind he was assaulted by Officer Brotemarkle and injured. Greg then initiated a misconduct complaint against the three officers.
On May 11, 2011, Greg Rodgers called Joint-Communications to report a road-rage incident. Greg was informed that CPD officers were in route to arrest him for leaving the scene of an accident. Greg was unaware of any collision and noted no damage to his vehicle. Greg was arrested and handcuffed by Columbia Police Officer Sinclair and his wrists were injured by the forceful application of the handcuffs, when after twenty minutes he was released and issued a municipal summons for leaving the scene of an accident.
On the morning of Greg Rodgers Columbia Municipal Court hearing on July 18, 2011, he had chest pains and went to the emergency room where he was given “nitro” and prescribed bed rest. The Emergency Room Doctor’s note was faxed to Municipal Court requesting a continuance of his hearing. Columbia Police had previously made ex parte communications to the Municipal Court Robert Aulgur alleging that Greg Rodgers threatened, “physical violence against Judges … and police officers”. The Court entered an order on July 14, 2011, “Do not continue this case for any reason per Bob”. Gregory Rodgers received a letter from the Municipal Court informing him about the failure to appear warrant and he later discussed that warrant with CPD Internal Affairs Sgt. Lloyd Simons and informed him of his plan to surrender to the Court. Internal Affairs Sgt Lloyd Simons was a former roommate with the subject of the I.A. complaint Officer Brotemarkle. Later, Det. Liebhart in a sworn deposition admitted there was no “probable cause” to believe that Greg Rodgers had made threats of violence against judges or police.
On August 12, 2011, Greg Rodgers was at 1607 Windsor Street, Columbia, MO where he leased apartment #8. Plain-clothes CPD Det. Geoffrey Jones pretended to be searching for a dog. Upon noticing a CPD patrol car, Greg Rodgers moved to re-enter his building, and from behind him Det. Jones yelled, “Police, Stop!” Greg Rodgers stopped, dropped tools and his pistol. He informed Det. Jones that he was unarmed and surrendered. CPD Officer Quintana exited the CPD patrol car and took Gregory Rodgers into custody on a municipal failure to appear warrant relating to a traffic violation. While being handcuffed, Greg informed the officers that he had a concealed-carry permit and that he had a medical excuse from his E. R. doctor for missing July 18, 2011 court hearing. At the Police Dept. Det. Liebhart requested that Greg surrender every firearm to which he had access. When Greg refused, Det. Liebhart with the assistance of a prosecutor obtained a search warrant alleging Greg Rodgers was unlawfully in possession of firearms. Det. Liebhart threatened to destroy Allan Rodgers gun safe unless given the combination A rifle was seized from Greg’s home and nine firearms were seized from Allan’s gun safe located in a management storage area. These firearms were held for a year despite return requests and without a due-process hearing or legal nexus to any charges.
Over the thirteen months that Dr. Allan Rodgers’ firearms were seized by the government. Multiple requests were made to various government agencies for the the return of his firearms which were unrelated to any pending criminal charges. One request included a letter to Boone County Prosecutor Daniel Knight whose office refused to return Dr. Allan Rodgers firearms for several more months143-2 Wyse Oct gun letter
The lawsuit was filed in the District Court for the W. D. of Mo. on 02/05/2013. A motion to disqualify Judge Laughrey was denied on 07/01/2013. Court granted the Defendants motions to sever the Franklin and Rodgers cases on 07/08/2013, The parties all filed summary judgment motions and on 02/07/2014, the Court granted Defendants’ summary judgment and denied summary judgment to Dr. Allan and Gregory Rodgers. The 8th Circuit affirmed the grant of qualified immunity and the U.S. Supreme Court declined to hear the Appeal