Judge denies Dean Gillispie request for call to set up $45M payment timeline in wrongful conviction suit

Fairborn resident and artist Dean Gillispie was awarded a $45 million wrongful conviction judgment by a federal jury at the Walter H. Rice Federal Building and U.S. Courthouse, on Nov.21, 2022. STAFF FILE

Credit: JIM NOELKER

Credit: JIM NOELKER

Fairborn resident and artist Dean Gillispie was awarded a $45 million wrongful conviction judgment by a federal jury at the Walter H. Rice Federal Building and U.S. Courthouse, on Nov.21, 2022. STAFF FILE

A federal judge has denied a request from Dean Gillispie to hold a telephonic status conference in his long‑running civil rights case stemming from his wrongful conviction.

Judge Thomas Rose of the Ohio Southern District Court appeared sympathetic toward Gillispie in his written decision but ultimately denied a request for a telephone conference between him, his attorneys and Miami Twp. officials as Gillispie tries to get a timeline on when he will receive his $45 million verdict.

“Gillispie’s case has endured a long and arduous path,” Rose’s decision reads.

Gillispie of Fairborn spent more than 20 years behind bars for sexual assaults he didn’t commit following an investigation by former Miami Twp. detective Matthew Moore.

Gillispie later sued over constitutional violations in the investigation that led to his wrongful conviction. On Nov. 21, 2022, a jury returned a $45 million verdict in favor of Gillispie and against Moore.

His attorneys said that Miami Twp. was Moore’s employer and was therefore liable.

In trying to avoid the paying the full judgement, the township tried and ultimately failed to get the U.S. Supreme Court to review the case after a federal appeals court ruled last May that Miami Twp. must pay the full $45 million awarded to Gillispie.

The township’s attorneys at that time said the amount was too high and that the ruling could leave Miami Twp. “financially ruined for generations.”

The federal appeals court said there was ample evidence showing the harm Gillispie suffered from being wrongly labeled a violent felon to losing years of freedom and normal life. Because of that, the judges refused to reduce the verdict.

The township’s responsibility is for the indemnification of Moore, and “Moore did not assert indemnification until 2022, a few months before trial,” a previous court filing reads.

Indemnification refers to the legal concept of one party compensating for another party for damages or liabilities. Since Moore was working for the township at the time of Moore’s misconduct, the township is responsible for compensating for those damages from Moore’s misconduct, according to the U.S. Sixth Circuit Court of Appeals.

This week, the court denied Gillispie’s request to find out when Miami Twp. might pay the $45 million on Moore’s behalf.

The court cannot initiate enforcement steps on Moore’s behalf or compel the township to explain its payment intentions in a telephone conference, according to Rose’s decision.

The judge also stated established legal procedures, not informal conferences, guide post‑judgment matters.

Additionally, Gillispie also sought to know when the township would pay his attorney fees, but Gillispie has not yet filed a motion for attorney fees, the ruling stated.

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