The following is from Mike and Mary Lind. They ask your support at their upcoming court date.
On October 8, 2013 Linda T. McKinney, Special Prosecuting Attorney for the County of Ozark, State of Missouri, filed class C felony charges against Mike and Mary Lind for tampering with a judicial officer.
The Linds’ had filed two seperate civil lawsuits against Thomas W. Cline, Prosecuting Attorney of Ozark County, for his engaging in false imprisonment, malicious prosecution and abuse of process and slander of title. A prosecuting attorney has absolute immunity when acting in his official capacity, but when they are outside of their official capacity, they are not immune from accountability. The Linds’ say that when Cline engaged himself in a civil land dispute that the Linds’ were involved in with a 160 acre farm at Thornfield that they’d had lawful possession of for nearly 10 years, he clearly stepped outside his official capacity as prosecuting attorney.
According to the Linds’ on April 7, 2008 at 11:30 pm. Thomas W. Cline told the Ozark County Sheriff Deputies per telephone conversation that the Linds’ did not own the property that was in dispute, with Mike Lind having previously filed a Quiet Title lawsuit which was an ongoing case in the court, to arrest the Linds’ for trespass and burglary and remove them from their property while there was no court order to do so.
With a Quiet Title suit filed with the court it is then up to a trial judge to determine who has possession and clear title, not a prosecuting attorney. Thomas W. Cline lost his absolute immunity when he decided to bypass the court and make himself the determiner of who has title. This is clearly not an official function of a prosecuting attorney.
As a result of Clines’ unofficial activity the Linds’ were falsely arrested, charged with trespass and dispossessed of their property and all their livestock with no court order. The trespass charges were dismissed against the Linds’ because the state never produced a statement of probable cause. The Linds’ had a preliminary hearing with Judge Bock and the class C felony charges of tampering with a judicial officer were dismissed due to no probable cause because it is not a crime for a citizen to file a lawsuit against a public official when they step outside their official duties. It is our constitutional right to file a lawsuit.
Shortly after the criminal charges were dismissed against the Linds’, Mike filed to run for State Rep. on March 18. Two days latter the identical, word for word, class C felony charges were filed against the Linds’ again. This is clearly malicious prosecution and harassment by Thomas W. Cline.
The Linds’ must again defend against these charges on September 8, 2014 at 10:00 am in the Ozark County Court House at Gainesville, Missouri. The Linds’ need lot’s of people to come to this hearing to show support and let our public officials know that they are accountable to the law just as we are and we have a constitutional right to bring suit against them when they step outside their office and violate the law.