INDIANAPOLIS (Legal Newsline) - An Indiana city must defend itself against a defamation lawsuit filed by a prosecutor and his wife after the former mayor accused them in an “official statement” of ginning up false drug charges against his son for political reasons.
John Lake, the LaPorte County prosecutor, and his wife Mary sued Michigan City, Ind., after then-Mayor Ronald Meer issued a statement accusing the prosecutor of directing the local drug task force to arrest his son Adam Bray. He said “there has also been false reports made on this case” by a political ally of John and Mary Lake.
“It is a very dangerous time in LaPorte County when the prosecutor, John Lake can have your family members targeted for political retaliation and gain,” Meer wrote. “This is my official statement on this matter.”
A trial court dismissed the defamation suit for failure to state a claim. But the Indiana Court of Appeals reinstated the case in an Aug. 8 decision, ruling that the ex-mayor was an employee under the Indiana Tort Claims Act and there was a fact question about whether he was acting within the scope of his employee when he put out the “official statement.”
The Tort Claims Act immunizes municipalities and their employees against lawsuits over most official duties. But Indiana courts have allowed defamation cases to proceed, including one where the mayor of Elkhart put out a letter accusing a police officer of abusing his official privileges.
In this case, the court said, Meer accused the Lakes of lying to the drug task force to help their political allies and engaging in improper retaliation against the mayor and his son.
“These facts are sufficient to allege that Meer acted within the scope of his employment such that the Lakes could be entitled to relief,” the court concluded, without opining on whether they could actually win at trial, or even survive summary judgment.
Meer was also criminally charged for his statements, including intimidation and official misconduct. He later filed for bankruptcy, although the appeals court said it appears the claims are based on official acts so he can’t be sued personally under the ITCA.