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BECKER v. WRIGHT11/22/1995
The plaintiffs filed suit against the defendants in Linn County. The defendants' motion for change of venue was granted and the case was moved to Benton County. The plaintiffs did not thereafter move for a change of venue, the matter proceeded to trial, and verdicts were returned against the plaintiffs. On appeal, the plaintiffs contend the Linn County district court erred in granting the motion for change of venue. We affirm.
I. Background.
In October 1991 James Becker, the principal plaintiff, was criminally charged in Benton County with child endangerment and assault causing injury based on allegations that he physically abused Robert Rickels, the son of Christina Rickels with whom Becker was living. The criminal investigation was conducted by Peter Wright, a detective of the Benton County sheriff's department. Wright was supervised by the Benton County sheriff, Kenneth Poppenhagen. A related child-in-need-of-assistance action was also brought in Benton County. Robert Rickels and Christina Rickels' other three children (one of whom she had by Becker) were subpoenaed to attend medical examinations at a Cedar Rapids hospital to determine whether abuse, physical or sexual, could be detected. The criminal charges against Becker were dismissed in April 1992.
In March 1993 Becker, Rickels, and the four children filed a petition in Linn County against Wright, Poppenhagen and Benton County. The plaintiffs alleged that all parties resided in Benton County and that Becker was improperly charged and investigated in Benton County. They alleged various counts but, as they describe in their appellate brief, they were "principally claiming malicious prosecution." The petition further alleged, "Plaintiffs' damages have occurred in Benton and Linn Counties."
The defendants moved for a change of venue, arguing (1) the bases for the claims were events that occurred in Benton County, (2) all parties resided in Benton County, (3) two of the defendants were public officials of Benton County who, pursuant to Iowa Code section 616.3 (1993), must be sued where the cause arose — Benton County, (4) plaintiffs' alleged damages in Linn County were not supported by factual allegations in the petition, and (5) pursuant to Iowa Code section 616.17, personal actions must be brought in a county where some of the defendants reside — again Benton County.
Plaintiffs resisted the motion. They asserted venue was proper under Iowa Code section 616.18 as that section allowed suit in the county where defendants resided or where injury or damage was sustained. They also alleged that, had suit been brought in Benton County, they would have been entitled to a change of venue under Iowa Rule of Civil Procedure 167(a) because the county was a party. Becker and Rickels submitted affidavits in support of their claim that injury or damage was sustained in Linn County: Rickels averred that she worked in Linn County and that a newspaper article about the criminal action against Becker was circulated by a person at her place of employment. She asserted she and the children had to go to Linn County to see their attorney. She also stated her employment was disrupted due to absences required by seeing her attorney and attending legal proceedings in Benton County. Becker avowed that he knew people in Linn County. He also asserted his ex-wife denied him visitation with his children, who resided in Linn County. Finally, Becker stated he had to pay his attorney, whose office was in Linn County.
The Linn County district court ruled that venue should be changed to Benton County. It concluded all events triggering the plaintiffs' lawsuit occurred in Benton County. It rejected plaintiffs' allegatio
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