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Adam C. Witosky

[email protected]

Adam Witosky is a native of Des Moines, IA, attending Roosevelt High School and Central Academy. He graduated Knox College in Galesburg, Illinois, in 2004 with a degree in Creative Writing. In college, he was an active member of Sigma Nu Fraternity, Delta Theta Chapter, serving as House Manager and Interim Commander. After college he worked a series of retail and warehousing jobs, until deciding law school was the easier option. He earned his juris doctorate from the University of Iowa College of Law in 2010. Adam is an enrolled citizen of the Cherokee Nation of Oklahoma.

As an Associate with the Parrish Kruidenier Law Firm, he practices primarily in the areas of civil rights, with a focus on 42 U.S.C. §1983 litigation; personal injury and wrongful death; criminal defense; and appellate law, having prepared briefs in over 50 cases, both State and Federal.

He currently lives in West Des Moines with his wife and son. He enjoys movies (new and classic), music, video games, ball room dancing, golf, and literature.

Representative Cases:

  • Estate of Brandon Ellingson, et al. v. Anthony Piercy, et al., Case No. 14-04316-CV-NKL (U.S District Court for the Western District of Missouri 2017)

Brandon Ellingson drowned in the Lake of the Ozarks while in the custody of the Missouri State Highway Patrol, specifically Trooper Anthony Piercy. Action was brought against Piercy for Brandon’s death under the Fourth and Fourteenth Amendments of the United States Constitution, pursuant to 42 U.S.C. §1983, and State law claims. Claims were also brought against the Missouri State Highway Patrol, command staff, and direct supervising officers for their involvement in the training and supervision of Piercy and in the investigation of Brandon’s death. After nearly two-and-a-half years of litigation, all claims against Piercy were settled for $9,025,000, making it the 89th largest settlement nationwide for 2017.

  • Pickering v. Thompson, et al., Case No. 3:17-cv-03074 (U.S. District Court for the Northern District of Iowa 2019)

Brought claims of excessive force and false arrest in violation of the U.S. Constitution, pursuant to 42 U.S.C. §1983, against officers of the City of Clarion and City of Eagle Grove police departments. Settlement of all claims was reached for $300,000.00.

  • Hill v. Boone, et al, Case No. 4:15-cv-36 (U.S. District Court for the Southern District of Iowa 2016)

Brought claims of excessive force and false arrest in violation of the U.S. Constitution, pursuant to 42 U.S.C. §1983, against an officer of the Des Moines Police Department. Settlement of all claims was reached for $250,000.00.

  • Troutwine v. Collins, Case No. 3:17-cv-03059 (U.S. District Court for the Northern District of Iowa 2018)

Represented a family on claims of constitutional violations, brought pursuant to 42 U.S.C. §1983, arising from a false arrest by the former Chief of Police for the City of Otho. All claims were settled for $45,000.00.

  • Porter v. O’Neill, 4:17-cv-00372 (U.S. District Court for the Southern District of Iowa 2018)

Represented an African-American male against a Des Moines police officer on a claim of an unconstitutional seizure, resolved by settlement for $25,000.00.

  • Ward v. Ostergren, Case No. 3:17-cv-00077 (U.S. District Court for the Southern District of Iowa 2018)

Successfully resisted dismissal of claims, including clams brought under the Iowa Constitution for money damages, in the first cases to apply the Iowa Supreme Court’s independent qualified immunity standard. A settlement was reached. 

  • Palo v. Iowa State University, Docket No. 12ISU005 (Iowa Dept. of Inspections and Appeals) /
  • Palo v. Iowa Board of Regents, Case No. CVCV048520 (Iowa District Court for Story County) /
  • Palo v. Iowa Board of Regents, Appeal No. 14-1540, 2015 WL 4233055 (Iowa Court of Appeals 2017)

From the administrative stage through the Iowa Court of Appeals, represented an Iowa State athlete against allegations of sexual misconduct in violation of Iowa State University policy. Having success at every level, we successfully defended our client against the charges, allowing him to complete his final year of eligibility, earn his degree, and graduate with a clear record.

  • State v. Tjernagel, Appeal No. 15-1519, 2017 WL 108291 (Iowa Court of Appeals 2017)

Obtained reversal of our client’s conviction for sexual abuse in the second degree by finding her prior counsel was ineffective for failing to object to impermissible testimony during her first trial.

  • State v. Ward, Appeal No. 15-1471, 2017 WL 936075 (Iowa Court of Appeals 2017)

Successfully obtained a dismissal of criminal charges on interlocutory appeal for client, a city manager alleged to have committed a fraudulent act in the course of employment, with the Iowa Court of Appeals agreeing that the actions alleged him did not constitute a crime.

  • In the Matter of Property Seized for Forfeiture from Charles Clark D/B/A Day Dreams, Appeal No. 13-0062 (Iowa Court of Appeals 2014)

Obtained the return of client’s property, namely thousands of dollars’ worth of glass pipes, which had been seized for forfeiture by law enforcement. The Iowa Court of Appeals agreed the property did not constitute drug paraphernalia, as the State had alleged.

  • White v. Gregg, Case No. CVCV049983 (Iowa District Court for Polk County 2015)

Challenged the termination of a contract attorney’s contract to provide representation to indigent criminal defendants. Reached a settlement resolving all claims and obtaining compensation for all work performed under the contract which was still outstanding.

  • D&E Properties, LLC v. Makovec, et al, Case No. LACL121981 (Iowa District Court for Polk County 2013)

Obtained a judgment on behalf of client for breach of a real estate development contract for approximately $350,000.00.