MOUNT VERNON — Knox County Common Pleas Court Judge Otho Eyster will not preside over a lawsuit filed by prison inmate Mark Applegarth against the Knox County Public Defender’s Office, choosing to recuse himself from the case and have another judge appointed.

Applegarth, 46, is best known for his federal lawsuit against Mount Vernon police officers Roger Monroe and Robert Morgan, alleging violations of his Fourth Amendment rights against unlawful arrest and seizure and assault and battery.

That case is pending. However, the Marion prisoner, currently serving four years for gross sexual imposition, also has lawsuits pending against two of his former legal representatives alleging that they failed to adequately defend him.

His complaints against the Knox County Public Defender’s Office began when he was arrested and jailed in December 2004 for a number of crimes including misuse of the 9-1-1 system and two separate charges of domestic violence.

Unable to make bail on the charges, Applegarth remained in jail and alleges that the public defender’s office threatened to keep filing for continuances in order to delay his trial unless he agreed to plead guilty to the charges.

Then, on March 8, 2005, Applegarth was indicted on felony counts of rape and gross sexual imposition. The indictment alleged he “engaged in sexual conduct and had sexual contact with his girlfriend’s 12-year-old daughter.”

Citing depression due to the public defender’s alleged failure to consult with him about the cases, Applegarth claims in court documents that he attempted suicide on March 10, while in jail.

In May, Applegarth filed the civil suit, alleging negligence on the part of the public defender’s office and violations of his Sixth Amendment right to effective legal council. He is seeking in excess of $50,000 in total damages.

Soon after, he retained the services of a private attorney, Steven Hughes, and the public defender’s office withdrew as his attorney.

Hughes began to represent Applegarth against the charges, four misdemeanors and two felonies; he eventually pleaded guilty to one count of gross sexual imposition; the rape charge and the misdemeanor charges were dropped.

Over a year later, in November of this year, Applegarth filed a federal lawsuit against Hughes, again alleging that his attorney had violated his constitutional rights. Among other allegations, he claims that Hughes requested continuances without his permission and misled him about the amount of prison time he would receive by agreeing to the plea bargain.

He is requesting in excess of $900,000 in total damages.

In December, a U.S. District Magistrate reviewed the civil suit and issued a preliminary recommendation that it be dismissed.

“It appears beyond a doubt that Mr. Applegarth can prove no set of facts in support of his claim which would entitle him to relief,” reads the recommendation.

Applegarth is representing himself in all three civil suits.