by Christopher Zoukis

   The Delaware County, Indiana, Sheriff's Department, two of its deputies and Ball Memorial Hospital agreed to an undisclosed settlement with Wesley P. Eley after Eley sued them in federal court for violating his civil rights through false arrest and illegal search.

     In early 2007, the Delaware County Sheriff's Department began investigating Eley based on allegedly threatening text messages sent to a contractor working on his house. Detectives Jeffrey B. Stanley and Todd Daily obtained a search warrant for his house and arrested him for intimidation on April 19. Eley was released from jail only to be picked up again and taken to Ball Memorial Hospital for a psychiatric evaluation.

     Eley sued Stanley, Daily, the hospital and the Sheriff's Department for violating his Fourth Amendment rights by falsely arresting and illegally searching him. The hospital claimed no responsibility for the arrest or the search. Stanley, Daily and the Sheriff's Department claimed that all actions were done under the color of law, that they did not cause any damages, that Eley assumed the risk, and that they were entitled to immunity.

     The parties agreed to an undisclosed settlement, and the case was dismissed by Judge Sarah Evans Barker on October 28, 2009. All parties were to bear their own costs.

 See: Eley v. The Delaware County Sheriff's Department, et al., United States District Court for the Southern District of Indiana, Case No. 1:08-cv-01132-SEB-DML (Oct. 24, 2009)

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