The Free Press, Mankato, MN

Local News

June 26, 2009

Civil rights suit proceeds

Banker claims damages for 'illegal' conduct

By Dan Nienaber

MANKATO — A former Mankato banker’s claims that his civil rights were violated by a special agent with the Minnesota Department of Public Safety are moving forward in federal court.

A stay on Jon Kietzer’s lawsuit against special agent Doug Forsman was lifted by U.S. Magistrate Judge Jeanne Graham earlier this month. In response, Forsman and the Minnesota Attorney General’s office filed a motion this week asking Graham to dismiss the lawsuit. A hearing has been scheduled for Sept. 29 before U.S. District Court Judge Ann Montgomery in Minneapolis.

Kietzer filed his lawsuit, which also names Forsman’s boss, Minnesota Department of Safety Commissioner Michael Campion, in October. The lawsuit is seeking damages for the alleged “illegal, unconstitutional and torturous conduct” of Forsman during a fraud investigation in Mankato.

The lawsuit was put on hold after Kietzer was charged with felony theft by swindle and forgery. The charges, which were related to an investigation by Forsman while Kietzer was a vice president at Community Bank, were dismissed in May.

In his order dismissing the criminal charges, Blue Earth County District Court Judge Norbert Smith said prosecutors had no grounds to charge Kietzer because he had done nothing wrong. Kietzer had been accused of using a false appraisal from a house and land to help a nonprofit organization, known as Minnesota Game and Fish Preservation, to obtain a $100,000 line of credit.

After hearing testimony from bank experts, Smith ruled Kietzer had relied on the personal guarantee of one of the organization’s officers, not the property appraisals, as collateral for the loan.

The loan was part of a much broader investigation by Forsman focused on the financial dealings of 60-year-old John Allin Lever Jr. of North Mankato. Lever was the gambling funds manager for Minnesota Game and Fish Preservation, which was set up to raise money to preserve natural resources and give children the opportunity to hunt and fish.

Kietzer is accusing Forsman of attempting to intimidate him into a confession on Oct. 23, 2007. According to the complaint, Forsman forced Kietzer to put on a jail jumpsuit and refused to release him from jail during questioning. Kietzer also said he wasn’t allowed to call an attorney after he agreed to meet Forsman at the Law Enforcement Center in Mankato.

Kietzer said he arrived at the center at about 11 a.m, but wasn’t allowed to leave until 5 p.m. When jail records were checked by The Free Press in November 2007, there was no documentation of Kietzer being officially arrested.

The motion to dismiss the lawsuit says Kietzer has not stated a claim where relief can be granted. It also says the lawsuit doesn’t show “a genuine issue as to any material fact.”

Forsman’s investigation came to light in October 2007 after a search warrant revealed Lever and Kietzer had been questioned about their involvement with Minnesota Game and Fish Preservation. The charges weren’t filed until a year later, and after Kietzer had filed his lawsuit.

Lever’s criminal case, which includes felony charges of racketeering and theft, is pending. He’s scheduled to appear in court for an omnibus hearing in August.

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