Institute for Justice Sues Apache County Prosecutor for Retaliating Against Educator

St. Johns educator Fernando "Fernie" Madrid filed a federal civil rights lawsuit on Feb. 24 in the U.S. District Court for the District of Arizona, accusing former Apache County Attorney Michael Whiting and two former employees of the Apache County Attorney's Office of retaliating against him and intimidating him out of the 2024 race for Apache County Superintendent of Schools.

Madrid was running against the incumbent school superintendent, Joy Whiting, who is married to Michael Whiting. Michael didn't take kindly to his wife having electoral competition and used his post as county attorney to harass and intimidate Madrid to force him to drop out. The civil complaint, filed by the nonprofit Institute for Justice, opens a separate legal track from the criminal case already moving through state court.

In the lawsuit, Madrid accuses Michael Whiting and two employees at the county attorney's office of following him, throwing rocks at his house, and mailing him threatening letters and packages. The employees, Daryl Greer and Trent Jensen, are also named. Greer held the title of lead investigator under Whiting, while Jensen was a legal assistant.

The alleged harassment escalated from surveillance to physical confrontation. Madrid said he was physically assaulted while collecting signatures to qualify for the ballot. Two men approached him, shoved him back into the street, knocked the clipboard out of his hands, and said, "Michael Whiting is just getting started with you." He then received anonymous letters containing the names of his closest family members and their birthdates, along with photos of the family's homes, warning him to drop out of the race by April 1. The letters included a withdrawal form.

Madrid withdrew from his candidacy on March 28, citing "coercive tactics" by Whiting and not wanting to subject his family to further harassment.

On the steps of the Sandra Day O'Connor U.S. Courthouse in Phoenix on Feb. 24, Madrid described what he endured as "just a very uncomfortable feeling that I wouldn't want anyone else to have to go through." He said the civil case has a clear purpose beyond his own situation: "The bottom line is to assure that this never happens to anyone else in my position, that someone that seeks to run for office is not harassed, is not intimidated, does not hire groups of individuals to do the things that I was subjected to."

IJ attorney Mike Greenberg, who appeared at the press conference with IJ Litigation Fellow McCarley Maddock, called the conduct "a blatant violation of his First Amendment rights." Greenberg said Whiting violated the First Amendment and the public's trust, adding: "In America, we resolve our political disagreements through open debate and at the ballot box, not through government officials intimidating and harassing their opponents."

The lawsuit names Whiting, both individually and in his official capacity at the time, former County Attorney's Office employees Daryl Greer and Trent Jensen, Apache County, and the Apache County Attorney's Office. The case has been assigned to Magistrate Judge James F. Metcalf.

The civil filing follows a sequence of criminal and administrative actions against Whiting that began in 2024. A state grand jury indicted Whiting on several felony and misdemeanor counts, including harassment, sending a threatening or anonymous letter, misuse of public monies, theft, conflict of interest, and stealing, destroying, altering, or secreting public records. His aide Daryl Greer was also indicted on two misdemeanor and two felony counts, including misuse of public monies, harassment, and sending a threatening or anonymous letter. Greer later admitted to sending the threatening anonymous letter and received probation as part of a plea deal.

Whiting was reelected as Apache County attorney in 2024 while running unopposed, even after being removed from office following his indictment. Despite winning re-election, he was unable to serve because the State Bar of Arizona had suspended his law license. The county appointed Jasmine Blackwater-Nygren to replace him as county attorney in December. Joy Whiting, who was indicted for misusing county school funds, remains the Apache County superintendent.

Madrid is seeking a judgment from the court that Michael Whiting induced him to drop out of his race, as well as damages to compensate for resources Madrid spent on his campaign. Madrid did not rule out running for the superintendent's office again, saying, "I think that's something that I need to explore, and I will make a decision at a later date.