Police Officers file Federal Lawsuit: Allege Racketeering; Corruption

[notinkokomo]

On Tuesday, November 10, Kokomo Police Officers Jeff Kirk and Greg Davis filed an explosive lawsuit in U.S. Federal Court (Indianapolis) alleging Kokomo's Mayor, City Attorney, Police Chief, and two other officers engaged in corruption and racketeering as defined by U.S. Law (R.I.C.O. Act).

Defendants named in the lawsuit include the City of Kokomo, the Kokomo Police Department, KPD Chief Rob Baker, KPD Professional Standards Officer David Mitchell, KPD Sergeant Mark Miller, City Attorney Derek Sublette, and Mayor Greg Goodnight.

The individuals named are being sued both in their official capacities and personally.

Under Civil Violation provisions of the Federal RICO Act, Plaintiffs are entitled to recover triple damages if they are successful in Court.

In the lawsuit Complaint, the Plaintiffs allege Goodnight, Baker, Mitchell, Miller and Sublette committed numerous criminal acts.

You can see the entire complaint by clicking here.

NIK

[notinkokomo]

Since posting this article 45 minutes ago, I've received nearly a dozen requests for more information.

I would refer interested parties to our series of articles last summer titled 'A Question of Justice'.

It's a much more thorough examination of the events which led to this lawsuit. You should read all five articles.

Click here.

NIK

[Stoner]

RICO is a very serious thing. Not good to be charged with it. You can quickly end up being Bubba's "buddy" for decades.

They use that charge to knock out mobsters, drug lords, big time financial con artists, terrorists, etc.

It will be fun to watch this unfold. Pigs squealing on other pigs. LOL j/k. Don't get your jack boots in a wad.

Hopefully true justice will prevail.

[notinkokomo]

The follies continue....

Before Kirk and Davis were suing KPD Sgt. Mark Miller... Miller was suing the same officers as well as the Sheriff and one of his Deputies.

A Federal Judge in Indianapolis summarily dismissed Mark Miller's lawsuit on December 2... basically telling him to return to State Court if he wanted to continue.

We have the Judgement: Click here.

Summary in (KPD) MARK MILLER - PLAINTIFF

vs.

(KPD) Greg Davis, (KPD) Jeff Kirk, (KPD) John Doe, (Sheriff's Department) Matthew Roberson and (Sheriff's Department) Marshall Talbert - DEFENDANTS

The Court having granted judgment on the pleadings in favor of the Defendants, judgment is hereby ENTERED in favor of the Defendants and against the Plaintiff on all of the Plaintiff’s claims under 42 U.S.C. § 1983. In the absence of any remaining federal claim, the Court declines to continue to exercise jurisdiction over the supplemental state law claims asserted by the Plaintiff; accordingly, those claims are DISMISSED WITHOUT PREJUDICE.

It sure looks like Kirk and Davis' own Federal lawsuit may have some teeth to it... now.

NIK

[Stoner]

January 21, 2010

Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)

For publication opinions today (2):

In Gregory Davis and Jeffrey Kirk v. City of Kokomo, Indiana, a 27-page opinion, Judge Darden writes:

Gregory Davis and Jeffrey Kirk appeal the trial court’s order affirming in part the findings of the Kokomo Board of Public Works and Safety (“Board”) that they had committed violations that warranted disciplinary action. We affirm.

Issues: 1. Whether the trial court erred in deferring to the Board’s construction of the Kokomo Police Department’s general orders and collective bargaining agreement and affirming in part the Board’s findings. 2. Whether the Board’s decision was improperly influenced by ex parte information and pressure from the local administration.

[notinkokomo]

We have the State Appeals Court Decision.

Click here to see a copy.

I don't agree with most of it, but the Court of Appeals (like Judge Murray) must give some lee-way to the Kokomo Board of Works processes.

Too bad, I suppose. But then again, this case is exactly what Federal Civil Rights (and RICO) actions were designed to correct.

It will get interesting....

NIK