HONOLULU (KHON2) — Brothers Ian and Shawn Schweitzer filed a federal lawsuit Wednesday, naming staff in the Hawaii County Police Department, including the police chief and deputy police chief, an investigator in the prosecutorʻs office as well as the County of Hawaii, alleging malicious prosecution, violations of due process, infliction of emotional distress and conspiracy.

The suit stems from the arrest and prosecution of the brothers in the death of Dana Ireland in 1991.

Ireland, who was visiting from Virginia, was found on a rural road on the Big Island on Dec. 24. She had been sexually assaulted and died on Christmas.

Ian and Shawn were arrested, convicted and imprisoned. Both convictions were thrown out in 2023.

“Shawn and Ian Schweitzer were just 16 and 20 years old when they were persecuted for a horrific crime they had nothing to do with,” attorney Steve Art of the civil rights law firm of Loevy + Loevy stated in a news release. “Under pressure to close a high-profile case, the defendants fabricated a case against these two innocent men. In so doing, they let the real killer and rapist run free. Today, we are demanding accountability from Hawaiʻi County.”

The suit alleges that investigators “suppressed favorable evidence” that would have shown the brothersʻ innocence, which led to Ian serving 23 years in prison and Shawn taking a plea deal.

“My family and the Ireland family are all victims of this terrible injustice” Ian Schweitzer stated in a news release. “My brother and I have been clear since day one that we had nothing to do with this terrible crime. For all of our sakes, the real perpetrator should have been arrested, the Ireland family should have gotten justice, and me and my family should have been left to live our lives in peace.”