The lawsuit, filed May 5 in federal court, seeks monetary damages against the city, Sean Mannix and Christopher Dailey “for committing acts and knowing omissions.” Mannix is the former Cedar Park police chief, and Dailey served as the sergeant and detective assigned to the case.
Kelley was convicted of aggravated sexual assault against a child in 2014 and sentenced to 25 years in prison. The Texas Court of Criminal Appeals, the state’s highest court for criminal cases, overturned Kelley’s conviction Nov. 6, 2019.
In the lawsuit, Kelley alleges the three defendants “unlawfully investigated, arrested, and caused the detention and prosecution of” and “the continued persecution of” Kelley. Kelley is seeking judgment for “mental anguish and emotional distress,” an impaired reputation, lost earnings and punitive damages. At the time of his arrest, Kelley was a 17-year-old senior and varsity football player at Leander High School.
According to the lawsuit, Dailey “never spoke with Greg Kelley before arresting him,” “never went to the location of the incident,” “did not obtain information about any other adults in the daycare” and did not review another officer’s report or investigate dates of the offense. Dailey admitted to fabricating the date range for Kelley’s conviction and violated the Cedar Park Police Department policy to eliminate evidence that may exculpate Kelley, according to the lawsuit.
According to the lawsuit, in February, Mannix compared Kelley’s innocence to O.J. Simpson.
Kelley previously called for Mannix and Dailey to be fired. Mannix announced his retirement from the police department Jan. 26, and Dailey remains on staff as a sergeant in the police department, as of May 6.
In July 2018, the Cedar Park City Council received an independent review of the police department. Recommendations included a staffing analysis, improved supervision and more training for the criminal investigations division.
At the meeting, Mannix said the feedback was "constructive and instructive," and the police staff would implement each recommendation.
As of 11:50 a.m. May 6, the city of Cedar Park had not yet been served the lawsuit. The city will not comment on the case, as it is the city’s policy to not comment on legal matters, according to city spokesperson Jennie Huerta.
