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Lawyer’s suit alleging malicious prosecution, emotional distress may proceed

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The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.

Alexander was arrested in 2008 based on false and manipulated evidence, according to court documents. FBI agents suspected that Alexander’s longtime investigator, Jeff Hinds, was bribing witnesses in cases involving Alexander’s clients. Alexander denied any knowledge of the bribery, but the investigation continued when Mark McKinney became Delaware County prosecutor in 2007. The two had a contentious history due to Alexander’s criticism of how McKinney handled drug forfeitures when he was a city attorney.

Witnesses gave false testimony at Alexander’s trial and recordings involving Alexander were manipulated. Alexander was acquitted of the charge.

Alexander brought his suit, alleging the arrest and trial was distressing and damaged his reputation and hurt his practice. The District Court dismissed the complaint pursuant to Rule 12(b)(6), finding he failed to state a claim for malicious prosecution and the IIED claim was untimely.

Under Indiana law, malicious prosecution requires a plaintiff establish: 1) the defendant instituted or caused to be instituted an action against the plaintiff; 2) the defendant acted with malice in doing so; 3) the defendant had no probable cause to institute the action; and 4) the original action was terminated in the plaintiff’s favor.

At issue in Michael Alexander v. United States of America, 12-2190, are the first three factors. The 7th Circuit found Alexander’s complaint adequately alleged that he was prosecuted in the absence of probable cause and adequately pleaded malice.

“In our view, the court asked too much of Alexander,” Judge Diane Wood wrote. “Unfortunately, in a world where public corruption is hardly unknown, we cannot agree that Alexander’s complaint is too implausible to hold together absent allegations of this sort. We might wish to live in a world in which such an egregious abuse of one’s official position would be unthinkable, but experience suggests that we do not.”

The judges also found the IIED claim was timely filed and adequate states a claim.

“The conduct described in the complaint is extreme and outrageous (as well as criminal), and there are sufficient allegations to support the inferences both that this conduct was intended to cause Alexander severe emotional distress and that Alexander suffered such emotional distress as a result of his ordeal,” she wrote.

The case is remanded for further proceedings.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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