Falsely Accused of Child Molestation, Plaintiff Sues

5-31-2010 Missouri:

White -v- McKinley, District Court Western Missouri:

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley ("Tina"), and Richard McKinley, the police officer who investigated the molestation charges and Tina's current husband. White alleged a deprivation of his constitutional rights and various common law torts.

McKinley moved for summary judgment on all counts, claiming qualified immunity.2 The district court3 denied McKinley's motion as to the (1) 42 U.S.C. § 1983 conspiracy claim and (2) § 1983 claim based on suppression of exculpatory evidence.4 On interlocutory appeal, we affirmed the district court's denial of summary judgment. White v. McKinley, 519 F.3d 806 (8th Cir. 2008) ("White I").

At trial, the jury found that McKinley violated White's due process rights and conspired with Tina in violating White's rights, and it assessed actual damages of $14 million and punitive damages against both McKinley and Tina of $1 million each.

McKinley appeals,5 arguing that the district court erred in denying his (1) motion for judgment as a matter of law because he disclosed potential impeachment evidence to the prosecutor who intentionally withheld the information from White and (2) motion for a new trial because the district court improperly excluded large categories of evidence from the jury's consideration. He also asserts that the punitive damages award of $1 million is excessive and violates his due process rights in light of his net worth of $31,000. We affirm.