MADISON, Wis. (WTAQ) - The state Justice Department says former prosecutor Ken Kratz should pay his own damages if he loses a federal lawsuit from a woman who received his racy text messages.
Stephanie Van Groll claims that the former Calumet County DA violated her rights to due process and equal protection. That’s after he sent her 30 suggestive messages in 2009, while prosecuting her ex-boyfriend for trying to strangle her.
Attorneys in the case recently agreed to let the Justice Department prevent taxpayers from shelling out any damages that are eventually awarded to Van Groll. State attorneys said Kratz acted outside the scope of his employment, and therefore the state’s not liable for his damage payments.
Kratz’s attorney is preparing a request to drop Van Groll’s lawsuit. Robert Belli said the woman does not have a valid claim to make. The lawyers have been given until November to gather evidence.