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Wednesday, June 26, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today, a reversal

In MICHAEL ALEXANDER v. UNITED STATES OF AMERICA (SD Ind., Barker), a 14-page opinion, Judge Wood writes:

Michael Alexander, an Indiana criminal defense lawyer, brings this suit for malicious prosecution and intentional infliction of emotional distress against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. ยงยง 2671-2680. His core allegation is that Neal Freeman and James Howell, agents with the Federal Bureau of Investigation (FBI), conspired with Indiana state prosecutor Mark McKinney and father-son criminal duo Stanley Chrisp and Adrian Kirtz to frame him for bribery. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6), finding that it failed to state a claim for malicious prosecution and that the claim for intentional infliction of emotional distress was time-barred. For the reasons discussed below, we reverse.

Posted by Marcia Oddi on June 26, 2013 01:43 PM
Posted to Ind. (7th Cir.) Decisions