CEDAR RAPIDS, Iowa (KCRG-TV9) -- I9 has learned of a lawsuit filed in federal court against Linn County Attorney Jerry Vander Sanden.
That lawsuit is being filed by Joseph McBride, an Arizona man who spent months behind bars in different jails across Arizona, Nevada, Colorado, Missouri, and in Linn County for a Cedar Rapids robbery he didn't commit.
McBride was arrested in August but would sit behind bars until Halloween night. This even though he had evidence he was innocent.
An email obtained by I9 also showed the Linn County Attorney's office agreed "Joseph's story checked out" and that the case should be dismissed.
The lawsuit was filed in the US District Court's northern district of Iowa. McBride's attorney tells I9 the lawsuit was filed late Wednesday.
Linn County Attorney Jerry Vander Sanden and Linn County itself are listed as defendants.
The lawsuit seeks monetary damages for McBride, alleging that Vander Sanden, "intentionally or recklessly made false sworn statements in a criminal complaint and arrest warrant that led to McBride's wrongful arrest and wrongful prosecution."
It goes on to say Vander Sanden was fully aware or had direct access to information that proved McBride did not commit the crime.
Advocates for McBride brought to I9's attention a GPS time-stamped photo that showed he was out of state when the robbery happened.
Vander Sanden told I9 back in November his office acted promptly to dismiss the case against McBride, saying it took time to verify the alibi.
I9 asked McBride's attorney for comment about this lawsuit and was told he told me he had no comment.
I9 also reached out to Vander Sanden who said, "Even though I still have not yet seen a copy of the lawsuit, I have every confidence the justice system will resolve the case in a fair and equitable fashion."