A judge threw out Kokomo Police Officer Mark Miller’s lawsuit last week, saying the veteran officer’s claims of violated privacy didn’t warrant a federal trial.

Miller filed suit May 8 against fellow officers Jeff Kirk and Greg Davis, Howard County Sheriff Marty Talbert and Sheriff Deputy Matt Roberson, in the wake of an ongoing KPD scandal.

The lawsuit, originally filed in state court, alleged the defendants defamed Miller, put him in a false public light, disclosed confidential information and deprived him of his constitutional rights.

But Dec. 2, U.S. Southern District Court Judge William T. Lawrence said Kirk and Davis, as officers, are entitled to qualified immunity to many of Miller’s claims.

Going further, Lawrence cast doubt as to whether Miller had established any of the defendants violated any “clearly established” privacy rights.

In the original suit, Miller claimed Kirk, Davis, Talbert, Roberson (and possibly unnamed others) “conspired” to violate his privacy.

Miller’s claims were based on a recording, made by Kokomo resident Dawnetta Trott, in which Miller can be overheard engaged in intimacy, and also telling Trott not to cooperate with certain local law enforcement officials.

Davis, who obtained a copy of the tape from the sheriff’s department, later used it to pressure Miller into temporarily resigning his sergeant’s rank.

Miller also sued over statements made to local media, by Talbert, which revealed Miller was on medical leave for stress. Talbert’s mention of the medical leave came after a transcript of the Trott recording had surfaced in local media.

In both cases, Lawrence ruled Miller hadn’t established any clear violation of his constitutionally protected privacy rights.

In the first instance, with Trott, Lawrence said Miller “bore the risk [Trott] would disclose the details of their conversations and of their relationship.”

“The Court has also stated that individuals do not have a ‘justifiable and constitutionally protected expectation that the person with whom he is conversing will not then or later reveal the conversation to the police,’” the ruling states.

On the second allegation, Miller’s claim he’d been harmed by the revelation of his stress leave, Lawrence relied on a similar 2002 federal case.

“Because the field of law enforcement is generally recognized as inherently stressful, it follows that the decision to seek treatment for that stress cannot be characterized as egregiously humiliating,” the 8th Circuit Court of Appeals ruled in the Cooksey v. Boyer case.

Miller was seeking compensatory damages from all parties for emotional distress, humiliation, embarrassment and damage to his personal and professional reputation. He was also seeking punitive damages for willful, reckless and malicious actions.

Now, if Miller wants to continue to pursue his claims, he will have to do so in state court. Lawrence’s ruling left that door open, if Miller so chooses.

Kirk Tuesday said he was pleased with the outcome.

“I applaud the court’s decision,” Kirk said. He said he and Davis were seeking clarification on the last sentence of the ruling, which said “Miller’s state law claims are remanded to Howard Superior Court.”

“I think we’ll continue to prevail on this issue and justice will be served here,” Kirk said.

Kirk and Davis are pursuing a separate legal action in federal court against Kokomo Mayor Greg Goodnight and other city officials.

Both officers were demoted by the Kokomo Board of Public Works & Safety after allegations surfaced they were secretly investigating Kokomo Police Chief Rob Baker and other KPD officers, at least partially on the basis of the Trott recording.

Kirk and Davis maintain they were prevented from following credible allegations of wrongdoing within the department, and were unfairly disciplined.

The Board of Works disciplinary ruling, however, said both officers had a duty to involve the department’s professional standards officer in their investigation.

Kirk voluntarily retired from the force this year, while Davis remains on active duty.

• Scott Smith is a Kokomo Tribune staff writer. He may be reached at 765-454-8569 or via e-mail at scott.smith@kokomotribune.com