The family of Michael McKinney has hired a Michigan lawyer, oneof the nation's winningest in multimillion-dollar lawsuits, to filea $100 million federal civil rights lawsuit against Ball StateUniversity and University Police officer Robert Duplain.
Geoffrey Fieger, of Southfield, Mich., will announce the lawsuitat a press conference this morning at a downtown law firm inMuncie. The suit will be filed in Indianapolis immediatelyafter.
Michael McKinney, who was a fourth-year student at Ball State,was shot and killed in November by Duplain. At the time, Duplainhad seven months of experience on the University Police force andhad not attended the Indiana Law Enforcement Academy. According topolice reports, Duplain had been responding to a burglary call whenhe shot McKinney, whose blood alcohol count was above the legaldriving limit. A grand jury has since cleared Duplain of anywrongdoing.
Ball State officials, including University Police Chief GeneBurton, Dean of Students Randy Hyman and Acting President BeverleyPitts, would either not comment on the lawsuit or did not returnphone calls.
"It's not the university's practice to comment on threatened orpending litigation," Heather Shupp, executive director ofUniversity Communications, said. "No suit has been filed, so thereis no complaint to which the university can respond. If a complaintis filed, our attorneys will make the appropriate legalresponse."
Fieger's high-profile cases include the defense of JackKevorkian, the suicide doctor, and a $25 million award fromTime-Warner for the family of a man who killed himself after thetaping of a "Jenny Jones" show. Robert Giroux, a lawyer at Fieger'sfirm, said Fieger averages $6 million to $8 million a verdict.
Giroux said Fieger does not always demand a dollar amount, as hehas done here.
"When he feels strongly about a case, he will go out, as a meansof telling the public that this is a significant case, and put adollar figure on it," Giroux said. "The facts of the case aretragic and compelling."
Tim McKinney, Michael McKinney's father, said Fieger was chosenafter talking to about six lawyers.
"We felt his experience outweighed the other firms," TimMcKinney said.
Tim McKinney repeated criticism Monday of the proceedingsagainst Duplain, and said his family wants to hold Duplain and theuniversity accountable for his son's death. He said there had beenpotential for a conflict of interest during the investigation,which was conducted by the Muncie Police Department.
"No one seemed to be concerned about that there in DelawareCounty," Tim McKinney said.
The civil lawsuit was one of the few choices Tim McKinney saidhis family has.
"When your options are few, you take the options you have," TimMcKinney said.
In a press release, Fieger described Michael McKinney's death asa violation of
the Constitution and the Civil Rights Act.
"The outcome is the wrongful death of an individual," Girouxsaid. "It's also a terrible violation of (McKinney's)Constitutional rights."
Giroux said the Constitution protects citizens from unreasonableforce.
According to police reports, Michael McKinney had been bangingon a back window of a house at 1325 North St. on the morning of hisdeath. The resident called the police, who labeled it a burglarycall. When Duplain approached Michael McKinney, Duplain told him tofreeze. Instead, Michael McKinney ran toward him with his armsforward.
An internal and criminal investigation followed. Duplain wascleared in both.
"No indictment was brought against him because there wasinsufficient probable cause to believe a crime had been committed,"Delaware County prosecutor Richard Reed said in January.
Today's announcement will be made at the offices of Dennis,Wenger & Abrell. Tom Malapit, an attorney at the firm, said itis in the process of negotiating an agreement with Fieger's firm tobecome a local headquarters for Fieger and his attorneys.
"We have not finalized an agreement," Malapit said. "We are verynear an agreement."
If the firm offers its offices to Fieger, they could be in usefor quite a while. Tim McKinney said he has been told the processis extensive.
"(It's) usually calculated in years," Tim McKinney said.
However, Muncie attorney Mick Alexander said federal court caseslike this one tend to move quickly.
"The process gets speeded up quite a bit from state court,"Alexander said. "It will probably get scheduled for trial in sevento 10 months."
Read More
Three Air Jam teams take home the win
October 12, 2012Nineteen teams shimmied, shook and flipped for a sold out John R. Emens Auditorium on Thursday night during the 25th annual Air Jam.
Bill Clinton Speaks at North Central High School
October 12, 2012Former President's Speech Could Have Effect on State Senate Race
