SIOUX FALLS, S.D. (KELO.com) -- A long time critic of of Sioux Falls Mayor Mike Huether has filed suit against him, claiming that Huether attacked him and broke a tooth.
Local Activist Bruce Danielson claims the alleged attack happened three years ago at a City Council meeting.
Danielson filed a complaint in federal court in Sioux Falls Friday.
"I have witnesses to it and when you read the complaint that was filed, you'll see that this is not the only time our mayor has done this."
Danielson says he filed a criminal complaint, but claims South Dakota Attorney General Marty Jackley surpressed the investigation.
KELO.com News reached out to Mayor Huether's office. Acting city attorney Karen Leonard wrote, "The city is not providing comment on pending litigation."
KELO.com News also contacted Jackley's office for a response. Attorney General spokesperson Sara Rabern wrote, "“We have not yet been served with this litigation and once we have we will proceed through the normal legal channels.”
Jackley is in Washington, D.C., where he will present an oral argument to the U.S. Supreme Court on the state's online sales tax case, South Dakota v. Wayfair.
Also named defendants in the complaint are: Former city attorney David Pfeifle; Attorney General Marty Jackley; city communications specialist Heather Hitterdahl; the City of Sioux Falls; the State of South Dakota; and unknown "John Does."
Click here to read Danielson's complaint in Federal District Court.
Here are some of the allegations, verbatim, that Danielson makes in his complaint. The following are some of Danielson's allegations that the defendants have not had an opportunity to repond to:
- Para. 16. That the City of Sioux Falls and the State of South Dakota through its attorneys, officials and other employees has compspired to and has used and abused process of law with malice toward Plaintiff for among other reasons his assert of rights guaranteed under federal law, the US Constitution, State of South Dakota law and the state of South Dakota constitution.
- Para. 33. On Tuesday afternoon, April 14th, 2005, in the Carnegie Town Hall meeting room during or about the time scheduled for the City of Sioux Falls Informational Meeting, the Plaintiff as physically struck in the head by the Mayor severe enough to cause damage to his teeth and other structures of his head and neck. Plaintiff was in the meeting room attending a public presentation. After completion of the Mayor's presentation the Mayor and his entourage exited the room using an aisle behind Danielson's chair. It is alleged that Mayor Heuther (sic) struck Danielson in the back of the head damaging his head and dental structures.
- Para. 35. It is alleged that the attack by the Mayhor was in retaliation for Danielson exercising his constitutional and statutory rights and was intended to intimidate Danielson into stopping his investative, fact gathering (sic) and publicizing activities.
- Para. 39. At a time unknown, the conspirators communication with Marty Jackley and requested that Marty Jackley use his authority as South Dakota Attorney General and his supervisory authority over DCI agents to suppress investigation of the alleged incident of assaulting Danielson and (Scott) Ehrisman on April 14th, 2015.
- Para. 74. It is alleged that City employees including code nforcement employees and other public officials have learned that they may silence critics by setting up citizens for a felony prosecution under Stouh Dakota's asymmetric assault laws particularly SDCL-22-18-1.05. The preferred plan to accomplish this appears to be to get into the arget's personal space and by phically and verally aggressive and threatening in the hopes tat the target instinctively respons by hitting back and can then be charged with felony assault. Another strategy to provote a confrontation is too (sic) openly trespass on private property.
The complaint is 21 pages long and has 169 paragraphs.
Danielson is asking for an unstated amount of actual and punitive damages, treble damages, and other relief.
(Todd Epp, KELO.com News, contributed to this report.)
(Updated 6:05 p.m. 4/16/18 with additional details and information.)