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Commission debates lien compromise request after applicant cites wrongful arrest; record unclear on final outcome

December 24, 2025 | Lincoln County, South Dakota


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Commission debates lien compromise request after applicant cites wrongful arrest; record unclear on final outcome
Lincoln County commissioners considered a request Dec. 23 to compromise a county aid lien totaling $2,094. The applicant spoke to the board, saying he was falsely arrested in October 2024 and that the charges were dismissed after a year of court proceedings. He asked the commission not to require payment for criminal-defense costs he says were incurred through no fault of his own.

Supporters in the audience spoke on the applicant's behalf. The deputy state's attorney cautioned the board that, from the office's review, law enforcement responded to a call, probable cause was determined at arrest, a judge found probable cause during proceedings, and the state's attorney later dismissed the charges. The deputy explicitly said she would not address litigation merits but summarized the procedural record.

Commissioners focused on procedural and factual gaps in the board packet: one commissioner noted the applicant had not completed the personal monthly financial worksheet and the file lacked tax returns and other financial details needed to evaluate hardship. Several commissioners said that finding probable cause and the judge's determination complicated using the board's discretion to compromise the lien; others emphasized compassion if the applicant's account was accurate. Public comment included direct support for the applicant.

A motion to approve the compromise was made and seconded. The meeting transcript records a roll call with mixed answers (some commissioners recorded as "no" and others as "yes"), and a follow-up line in the transcript reads "Motion carries or motion fails," leaving the transcript ambiguous about the final recorded outcome. The board did not provide further clarifying minutes in the meeting audio excerpt included in the record.

Because the transcript does not clearly record a final, unambiguous outcome, county staff or the clerk’s office should be consulted for the official ordinance or minute entry showing whether the lien compromise was approved and with what conditions.

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