Marion County Prosecutor Ryan Mears Loses Default Judgment to Indiana GOP Congressional Candidate

Marion County Prosecutor Ryan Mears lost default motion by not responding to a lawsuit for three months.

By Kelly Roberts, Hoosier EnquirerMarch 26, 2025

In a stunning turn of events, Marion County Prosecutor Ryan Mears, a Democrat, has lost a default judgment in court to Gabriel Whitley, a Former Indiana Republican congressional candidate, stemming from a lawsuit over a tweet. The case, which has sparked outrage and accusations of judicial bias, highlights a clash between a self-represented litigant and a prominent public official who seemingly underestimated the legal process.

The saga began in December 2024 when Whitley filed a lawsuit against Mears, alleging wrongful arrest over a tweet. According to court documents, Whitley properly served Mears with the lawsuit that same month. Under Indiana court rules, a defendant has 20 days to respond after being served. However, Mears failed to reply for three months, apparently under the impression that his position as prosecutor placed him above the need to respond promptly—or at all.

Whitley, representing himself as a pro se litigant, seized the opportunity and filed a motion for a default judgment, a legal mechanism that allows a plaintiff to win automatically if the defendant fails to respond within the allotted time. By all accounts, Whitley followed the rules meticulously, expecting a straightforward victory due to Mears’ inaction. But the case took a controversial twist when Democrat Judge Clayton Graham stepped in.

Last week, Judge Graham denied Whitley’s motion for default judgment, a decision that has ignited accusations of political favoritism. Whitley, a Republican, claims Graham’s ruling was a blatant attempt to shield Mears, a fellow Democrat, from accountability. In a scathing letter to the judge, Whitley didn’t mince words:

“Judge Graham, I’m writing because I’ve had enough of your obvious bias in my case. I won my default judgment fair and square—the Defendants ignored my lawsuit for three months, and I followed every single rule as a pro se litigant. Yet here you are, acting like my motions don’t deserve a shred of respect, ready to slap your red ‘DENIED’ stamp on everything I file. It’s clear you’ve got no intention of being fair, and I’m sick of it.I am NOT asking you to dismiss this case. What we’re demanding is that you either recuse yourself right now or make a decision so I can take this mess to the appeals court and get away from your nonsense. Your actions scream bias, and I’ve already reported you to the Indiana Commission for it. Quit turning this into a political circus at a Zoo and making a mockery of the court. I’ve done everything by the book, and you’re trampling on my due process like it’s nothing.The Defendants sat on their hands for months, and now you’re bending over backwards to cover for them. It’s disgraceful. Either step aside or rule on my default judgment—today—so I can move on and fight this where someone might actually care about justice.Do your job or get out of the way.Gabriel WhitleyPlaintiff, Pro Se”

Whitley’s letter pulls no punches, accusing Graham of turning a straightforward legal matter into a “political circus” and undermining his due process rights. He has already reported Graham to the Indiana Commission on Judicial Qualifications, signaling his intent to escalate the matter beyond the local courtroom.

Legal observers note that default judgments are typically routine when a defendant fails to respond within the mandatory timeframe. Mears’ three-month silence should have handed Whitley an automatic win, making Graham’s intervention highly unusual. Critics argue that the judge’s denial of the motion reeks of bias, especially given the political divide between the Republican plaintiff and the Democratic prosecutor and judge.

Whitley, a congressional candidate known for his no-nonsense approach, is not backing down. He has vowed to take the case to the Indiana Court of Appeals, where he believes he has a strong chance of overturning Graham’s ruling. “This isn’t about politics for me—it’s about justice,” Whitley said in a statement. “I followed the law. Mears didn’t. The court should’ve respected that, but instead, I’m fighting a rigged game. I’ll take this as far as I need to.”

For Mears, the loss marks a rare public stumble. As Marion County Prosecutor since 2019, he has built a reputation for progressive policies, including decriminalizing low-level marijuana possession and launching second-chance programs. But his apparent dismissal of Whitley’s lawsuit has raised questions about his judgment and accountability.

If Graham continues to block the default judgment, the appeals court will likely be the next battleground. Given the clear procedural timeline and Mears’ failure to respond, legal experts suggest Whitley has a solid case for reversal. For now, the standoff between the Republican upstart and the Democratic establishment is far from over, with Whitley determined to prove that no one—not even a county prosecutor—is above the law.

Kelly Roberts is a reporter for the Hoosier Enquirer, covering politics and legal affairs in Indiana.