McManigal files motion to dismiss federal lawsuit

The federal lawsuit filed by a Holton man against a Jackson County Sheriff’s Office detective should be dismissed due to the detective having “qualified immunity” in the investigation of the disappearance of one of the man’s wives in 2001 and the death of another in 2006, according to a motion filed last week by attorneys representing the detective in federal court.

Detective Philip G. McManigal, listed in the motion filed April 28 by Topeka attorneys Charles Branson, David Cooper and Katherine Sittenauer as a Jackson County “Deputy Sheriff and Detective,” is seeking dismissal of the suit filed in March by Holton resident Rex Larrison “for failure to state a claim and on grounds of qualified immunity,” according to the motion.

A status conference on the motion has been set for Monday, May 12 in federal court in Topeka, with federal magistrate judge Teresa James to preside over the conference call.

McManigal’s motion to dismiss the case filed against him by Larrison followed the March 17 federal filing of a civil complaint by Kansas City, Mo. attorney Arthur Benson II, acting on behalf of Larrison, who alleged that McManigal had failed to act under “the color of state law” in seeking a search warrant that included possible charges of first-degree murder and criminal desecration against Larrison.

In April of 2024, McManigal was investigating the 2000 disappearance of Larrison’s first wife, Yulia, and the 2006 death of Larrison’s second wife, Elena, both natives of Russia, when McManigal sought and was granted a warrant to search Larrison’s property in connection with the investigation.

Benson’s filing alleged that McManigal’s affidavit in support of a search warrant related to the investigation of disappearance and death of the two women, described as “mail order brides,” was false and incomplete, resulting in “willful, wanton, reckless and malicious” conduct on McManigal’s behalf.

During the investigation, Larrison was arrested and charged in Jackson County District Court with criminal use of an explosve in connection with the discovery of what was believed to be a pipe bomb on the property, but the charge was dismissed last October.

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