Attorney can’t recast untimely 4th Amendment claim against prosecutor

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The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.

Michael Alexander and McKinney butted heads over the years on McKinney’s handling of drug forfeitures involving local law enforcement’s drug task force while McKinney was deputy prosecutor. McKinney was suspended by the Indiana Supreme Court in 2011 after he was no longer prosecutor for his involvement in prosecuting the drug offender cases while pocketing assets seized from defendants in those cases.

After he was elected prosecutor in 2007, the 7th Circuit Court opinion says McKinney sought a way to punish Alexander as an outspoken critic.

Alexander’s colleague, Jeff Hinds, was under investigation by the FBI for possible involvement in a bribery scheme. The FBI originally decided Alexander wasn’t involved, but later allegedly worked with McKinney to bring false charges against Alexander. False and misleading evidence was gathered and submitted to a special prosecutor on conspiracy to commit bribery charges in 2007. That prosecutor was unaware the evidence was false or altered. A jury acquitted Alexander of the charges in 2009. More than a year later, Alexander sued McKinney and the FBI agents. McKinney filed a motion to dismiss, which the District Court granted, finding he was entitled to qualified immunity because Alexander didn’t allege that he was deprived of a cognizable constitutional right.

The 7th Circuit affirmed, finding that Alexander was trying to circumvent his failure to file a timely Fourth Amendment claim for false arrest and his decision to not file a state law malicious prosecution claim. The Circuit Court has squarely rejected similar cases to Alexander’s, where a plaintiff tries to file a due process claim when other state law and constitutional claims are unavailable. He should have used the Fourth Amendment, not the due process clause, to challenge the lawfulness of his arrest, Judge Michael Kanne wrote.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...