ILNews

Judge sues prosecutor for intimidation, retribution

Back to TopE-mailPrintBookmark and Share

A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.

Delaware Circuit 2 Judge Richard Dailey and his wife, Nancy, filed the lawsuit Aug. 18 in Delaware Circuit Court 1 against McKinney, former chief administrative deputy prosecutor Ronald Henderson, the state, and Delaware County. The judge and his wife allege that McKinney, Henderson and others in the Delaware County Prosecutor’s Office entered into “a conspiracy to intimidate, extract retribution, and discredit” Judge Dailey because of the judge’s finding in August 2008 that the way McKinney handled civil drug forfeitures amounted to fraud on the court.

Judge Dailey found that the city accounts in which the proceeds from the civil drug forfeitures were deposited weren’t general fund accounts as required by law, but were accessible by members of the Muncie-Delaware County Drug Task Force, an entity McKinney also represented as its attorney. At the time of these forfeitures, McKinney was a deputy prosecutor before being elected prosecutor in January 2007. The judge also ruled that the “Confidential Settlement Agreements” weren’t approved by courts, law enforcement costs weren’t detailed and forfeited assets weren’t apportioned to fiscal bodies, and McKinney handled civil drug forfeitures as private counsel for which he was paid after being elected prosecutor, all in violation of Indiana law.

The plaintiffs claim in August 2008, after Judge Dailey’s ruling, Henderson publicly objected to Nancy’s employment as development officer for the Youth Opportunity Center in the county, threatened to object to every proposed juvenile placement at the facility while she worked there, and drove slowly past her parking spot at the center. Nancy eventually resigned.

The suit also alleges that McKinney made comments to local newspapers in order to discredit, intimidate, or extract retribution against the judge, as well as that the defendants manufactured a criminal case against Judge Dailey.

They claim the defendants’ actions violated the Daileys’ Fourth, Fifth, Eighth, and 14th amendment rights, that their reputations continue to be severely damaged, and they suffer from emotional distress. They seek a judgment to compensate them, punitive damages, reasonable attorney’s fees, and other relief.

According to the suit, Judge Dailey informed the Indiana Supreme Court Disciplinary Commission in late August 2008 about the alleged policy in the prosecutor’s office to discredit him based on his ruling on the civil forfeitures issue. McKinney currently faces disciplinary charges in connection to his role as a private attorney on the civil forfeiture matters. According to the docket in his disciplinary case, the Disciplinary Commission's tender of the hearing officer’s findings of fact and conclusions of law, brief in support of the proposed findings, and McKinney’s proposed findings of fact, conclusions of law, and recommendations to the court were entered Friday. Boone Circuit Judge Steven David, a finalist for the upcoming Indiana Supreme Court vacancy, is the appointed hearing officer.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT