Mark Allen Luster of Burlington is suing Iowa DNR Officer Dan Henderson in U.S. District Court for the Southern District of Iowa, alleging malicious prosecution and “blatant violations of the Fourth Amendment.”

Court records state that on October 14, 2024, Luster shot a large buck with a bow and arrow on his land called CWD Research property in Des Moines County. The same day, Henderson reportedly received a complaint from a confidential informant who asserted there had been bait placed on the CWD Research property in violation of state law, as evidenced by aerial drone photos the informant had collected weeks earlier.

Henderson submitted an application for a search warrant, seeking to collect soil samples on the property. The warrant application alleged there were photos showing a deer “utilizing” bait in the area. The lawsuit claims Henderson was trying to conceal the informant used “illegally obtained” photos. In Iowa, it’s a crime to pilot a surveillance drone over any secure farmstead area. 

A search warrant was issued allowing Henderson to collect soil samples. Henderson also served Luster with three criminal complaints charging him with making a false claim for a license, hunting a deer in the presence of bait, and attempting to hunt a deer in the presence of bait. All three charges were later dismissed. 

The lawsuit seeks unspecified compensatory and punitive damages for unlawful search and malicious prosecution. Henderson has yet to file a response to the lawsuit. The DNR is not named as a defendant in the case. 

KCII will bring you more information as it becomes official.