Trooper’s Libel Award Questioned Motorist Complained About His Behavior

The state Court of Appeals is being asked to throw out a $15,000 libel judgment won by a state trooper against a motorist who complained about his behavior during a traffic stop.

Citizens should be able to complain about alleged police misconduct without fear of reprisal, say the motorist’s attorney and the American Civil Liberties Union, which filed a friend-of-the-court brief in the case.

Washington State Patrol trooper Davis Richmond was awarded the libel judgment by a King County Superior Court jury in November 1993.

Richmond sued Woodrow Thompson, a Seattle anesthesiologist who had complained about his behavior in a letter to Gov. Mike Lowry. An internal WSP investigation found Thompson’s allegations could not be proved.

Officers should be able to sue if complaints against them are groundless, said Bill Hanson, president of the Washington State Troopers Association.

“Should people have the right to maliciously file a complaint against a police officer? I don’t think so,” Hanson said.

But attorney Traci Sammeth, who filed the ACLU brief, said such law enforcement lawsuits are designed to prevent citizens from complaining about perceived mistreatment.

The Seattle Police Officers Guild filed five defamation lawsuits against citizens last fall, she said, but all were dismissed when the union failed to pursue them.

Thompson contends Richmond was angered when Thompson returned to where he’d been ticketed and began talking to another ticketed motorist, suggesting joint legal action against the trooper.

Thompson said Richmond pushed him, unstrapped his gun and threatened to shoot him.

Richmond says he forcefully told Thompson to get off the busy highway or face arrest. He denies touching Thompson, unstrapping his gun or engaging in any other unprofessional behavior.

The WSP investigated and found Thompson’s complaint could not be substantiated.

In his lawsuit, Richmond said Thompson had defamed him when he told Lowry he almost had been killed in the incident.

The lawsuit violates a citizen’s right under the Washington state Constitution to petition the government for redress, Thompson’s attorney told the Court of Appeals at a hearing Monday.

Under the “qualified privilege” established by state law, citizens must be able to establish in court that complaints have been filed in good faith.