Spokane7
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August 25, 2011 in City
Appeals court orders WSP trial as Chism files $10M claim
Chism
(Full-size photo)
A suspended Spokane firefighter’s wrongful arrest lawsuit against the Washington State Patrol over a botched child pornography investigation is headed to trial after an appellate court ruling Wednesday.
A three-person panel of the 9th Circuit Court of Appeals says false statements made by WSP investigators amounted to intentional and reckless conduct that infringed on Spokane fire Lt. Todd Chism’s civil rights. The two WSP employees named in a multimillion-dollar lawsuit, Detective Rachel Gardner and Sgt. John Sager, shouldn’t be granted immunity because of their actions, the court ruled.
The ruling reverses a previous decision by U.S. District Court Judge Lonny Suko.
Chism’s Spokane lawyer, Bob Dunn, said he expects the lawsuit to be scheduled for trial within the next year to 18 months. “We only have to talk about damages,” Dunn said.
WSP spokesman Bob Calkins said Thursday afternoon that the agency has not yet decided whether to seek a review of the ruling by the full court.
“We continue to believe that our troopers acted in good faith with the available information that they had at the time,” Calkins said of the 2008 incident.
The 9th Circuit ruling was issued the same day Dunn filed a $10 million claim against the State of Washington alleging WSP troopers Greg Birkeland and Greg Riddell used excessive force when they arrested Chism in a separate incident in April 2010. A Stevens County jury acquitted Chism of assault and resisting arrest charges last week and awarded him attorney fees.
Chism returned to paid administrative leave at his $93,535 per-year job after the verdict, said Brian Schaeffer, assistant Spokane fire chief. He’d been on unpaid layoff status pending the resolution of the felony charges.
The claim filed Thursday alleges harassment, false imprisonment, malicious prosecution, intentional infliction of emotional distress and retaliation, among other things. It stems from an early-morning melee outside Chism’s Nine Mile Falls home after troopers responded to reports of a fight, but found Chism trying to move his truck after it had gotten stuck.
Dunn said Chism was assaulted by the troopers after being shocked with a Taser seven times.
“I would have never guessed that he would have been stopped by the state patrol and have the state patrol announce ‘We know who you are; we’re going to arrest you,’” Dunn said. “You’ve got to believe there’s some element of retaliation here.”
Dunn said Chism suffers from depression and post-traumatic stress disorder because of his wrongful arrest for child pornography and feared the troopers were there in April as a continuance of the earlier case.
The child pornography case began in January 2008 when Gardner obtained a search warrant for Chism’s home and for his real estate office in Spokane. Chism was arrested on child pornography charges and jailed overnight, but no child pornography was found and he was never charged. He and his wife said they were victims of credit card thefts that led to child pornography-related purchases on their account.
The 9th Circuit ruling details several false statements and omissions by investigators when they sought the warrant, including that Chism’s credit card paid for child pornography images. In fact, the card paid hosting fees for websites to which pornography images were uploaded. Gardner also omitted from her affidavit the fact that IP addresses associated with the Internet accounts “were traced to people other than the Chisms.”
The ruling said the false statements and omissions were crucial to a magistrate approving the search warrant.
Human trafficking suspects released 
brianrbreen on August 25 at 2:16 p.m.
Shucks, I wonder where this is going?
Squid on August 25 at 2:54 p.m.
Ha ha! Maybe the powers that be will start to obey the same laws they enforce.
Just what did the State Patrol expect to gain by lying and framing this guy? Do they feel like they accomplished anything by ruining an innocent man’s name?
What is going on in our area of the World?
How about we automatically reduce the budget of the police department 15% for every time they soil our areas’ reputation in the National news for their corruption scandals? 50% pay cuts to anyone involved in any way with these scandals. (since we obviously can’t fire the officers or officials involved) SVPD, SPD, SCSO, and the State Patrol would clean up their act in a hurry. Fine them the same way we are fined.
misjustice on August 25 at 3:34 p.m.
Oopsies…glad that Todd and Nicole will get to pursue this in court.
misjustice on August 25 at 3:39 p.m.
Maybe the family will finally get the justice they so deserve! People in Suncrest wouldn’t even let their kids play with Todd’s kids…..anywhere….because of the accusations! This family did not break the law but they sure have been punished! Good luck Todd & Nicole & kids.
Liberty_Bell on August 25 at 3:43 p.m.
The old Ku Klux Act of 1871, confusing to the Washington State Patrol Chief, since 1889?
Liberty_Bell on August 25 at 3:47 p.m.
Of course never forget our local examples shown best in the San Franscisco Court for you local confused Federal Judge too!
“We reverse the district court’s judgment and remand this
case for trial. Viewing the evidence in the light most favor-
able to the Chisms, we conclude that the Chisms have made
a substantial showing of the officers’ deliberate falsehood or
reckless disregard for the truth and have established that, but
for the dishonesty, the searches and arrest would not have
occurred. We also conclude that the officers are not entitled
to qualified immunity because the Chisms’ right to not be
searched and arrested as a result of judicial deception was
clearly established at the time Gardner prepared and submit-
ted her affidavit.”
Slightlyworried on August 25 at 4:05 p.m.
First Nicks telling the truth in Zhem. Then this. What’s next? Actual police accountability in Spokane? I bet Steve “The Cops Never Make Mistakes” Tucker’s head must be hurting at Manito County Country Club right about now.
Liberty_Bell on August 25 at 4:14 p.m.
And McKenna’s Prosecutorial Misconduct Team?
GO Tucker GO!
http://www.ca9.uscourts.gov/datastore/opinions/2011/08/25/10-35085.pdf
brianrbreen on August 25 at 4:22 p.m.
I’d just like to read the 9ths decision if you could post it.
Ron_the_Cop on August 25 at 4:37 p.m.
Brian,
Go here it’s at the top of the list right now:
http://www.ca9.uscourts.gov/opinions/
Say how’s that boot of doom doing? Since you have plenty of time how about giving us a briefing on this case? Keep that foot elevated:-)
D Statler on August 25 at 4:38 p.m.
@ Slightlyworried, Next is Spokane’s police investigators covering up for the Valley police in the Dodd shooting. They are ruling the Dodd shooting a justifiable killing. I will never pick up a rock again! The facts in the Dodd case were falsified from the beginning when down loaded pictures of knifes were released to the public.Looked nothing like the rock used in the official report.It was unlikely Dodd had anything in his hands but his keychain. Then off to Dodds home with no search warrant.Then articles photographed at the shooting scene that were not in evidence. Then the bruises and marks that were left all over his hands & body. The bullit wounds consistent with being shot while on his knees.All the homeowners at the shooting scene not hearing anything but shots. Quite a bit different than the official story. NO, we are not done with these Police coverups. Between the Creach shooting,Zehm murder, Dodd shooting now, Spokane is still a very unsafe place to be. There is no accountability from the top to the bottom.Just legal wrangling trying to cover each others assets :^(
brianrbreen on August 25 at 4:42 p.m.
I’ve read it just would like the SR to post it, for a number of reasons.
brianrbreen on August 25 at 5:21 p.m.
If one were go back in recent history they would find that the Spokane County Sheriff’s Office made a similar mistake with a very, very fine man in Spokane. The difference is the SO right away admitted they made a mistake, as did the investigator. The fellow accused had a number of options and chose to understand that mistakes will be made and left it where it was.
The point I’m making is the county admitted they blew it, made a mistake, and provided an apology. That is where it was left. When you have a situation like this and no organization is willing to admit they or their people made a mistake or did something wrong this is where you are left.
addyh on August 25 at 5:56 p.m.
Brian, I just posted it. We’ll have to manually link it up tomorrow morning to the story that runs in print, so until someone gets in to do that, it won’t appear there. But it’ll be attached to this version.
Addy Hatch
brianrbreen on August 25 at 5:56 p.m.
Thanks!
Slightlyworried on August 25 at 5:59 p.m.
After completing 18 holes at Manito Country Club, Steve “The Cops Never Make Mistakes” Tucker issued the following statement:
“I am surprised at the court’s ruling because cops never make mistakes in Spokane County. But it’s not all bad news today. I have finally fixed the problem with my short game and I was able to post a 76 today.”
brianrbreen on August 25 at 5:59 p.m.
Addy, I got it, it’s up thanks.
brianrbreen on August 25 at 6:47 p.m.
Well it will be interesting to see if McKenna will try and have it heard en banc, doubtful since it was Fletcher and Paez with Ikuta dissenting
Chism will probably end up with some bucks, more now since the Stevens County case. They will probably lump them together. The big thing is that Dunn will have some up front money for some of his other cases.
I like Judge Suko a lot but I’m going to have to side with Fletcher and Paez on this one, can’t always believe them damn cops.
Liberty_Bell on August 25 at 7:09 p.m.
Especially Brian, after those “other” Federal Ku Klux Cases, shown best in every Federal Courthouse in Washington State.
Lying on the stand, with assistance from a corrupt prosecutor is always a great way to vote your taxdollars away.
Hey look at Gregouir’s records as AG??? Vote Handicapped, and you can then get Rob McKenna Too!
Hire the Handicapped, it just all in “good faith” just like Calkins said, where “well established law” from the Bill of Rights, could only confuse a Washington State Law man!
greenlibertarian on August 25 at 8:05 p.m.
How is Tucker involved in this at all. Don’t get me wrong, I’m not fan of his, just trying to see where the logic is in blaming Tucker. Was he supposed to file charges against these WSP troopers for trumping up evidence on Chism?
And sorry if I’m ignorant about this, but why did WSP troopers and not Stevens County Deputy Sheriffs respond to a report about a fight going on at Chism’s house in 9 Mile Falls?
Slightlyworried on August 25 at 9:51 p.m.
@greenlibertarian: Steve Tucker’s deputy prosecutor worked hand in hand with the WSP getting the arrest warrant and search warrants that are the basis of the lawsuit. And because Steve Tucker never questions the actions of any police officer (no matter how bizzare or outrageous), local law enforcement know that they can get him to do anything they like. That’s why he’s called Steve “The Cops Never Make Mistakes” Tucker.
jddavis on August 25 at 10:49 p.m.
After reading the court document, there has to be more to the story—specifically why Gardner lied twice to get the search/arrest warrants. Who was she trying to “get”, Todd or Nicole?
The_Seer on August 25 at 11:09 p.m.
What about the drugs that were purportedly found during the initial search of Chism’s home? I remember reading the list of seized items, right?
reservedparking on August 26 at 3:04 p.m.
Green: The original traffic incident occurred on Hwy 291, which is WSP’s jurisdiction (it’s a state highway)
And why would Tucker have anything to do with this? It’s a Stevens County incident, not Spokane County.
brianrbreen on August 26 at 3:45 p.m.
@reservedparking
The search warrant and arrest warrant in the porno case, which is what the suit is about, was handled out of the Office of the Spokane County Prosecutor. If you read the panel decision they specifically mention Spokane County Deputy Prosecutor Christian Peters, whoever that is. I can’t find a “Christian Peters” licensed to practice law in the State of Washington. I hope it wasn’t an intern handling the case.
reservedparking on August 26 at 4:00 p.m.
Brian,
Oops. Porno case, not the traffic dust up. My bad.
You have a brother, first initial ‘S’?
I worked with a Breen many many moons ago…
brianrbreen on August 26 at 4:17 p.m.
@reservedparking
Yep!
brianrbreen on August 27 at 6:38 a.m.
@reservedparking
I think you might be right Steve Tucker’s office might not have had much to do with this. I think the “Christian Peters” documented in the 9ths decision and described as a Deputy Spokane County Prosecutor who obtained the arrest warrant with a CPC might in fact be “Christen Peters” a Thurston County Prosecutor on the board of the WSP’s Missing and Exploited Children’s Task Force. The story doesn’t say, nor does the decision, who the magistrate was that signed the search warrant but it could have been a Superior Court Judge outside of Spokane County.
My point is this, if my assumptions are correct Tucker’s office shouldn’t be chastised if they had nothing to do with the case review of the WSP Troopers investigation and search warrant affidavit, in my opinion any responsibility for that lies with whoever the prosecutor was that oversaw the investigation and didn’t take notice of the discrepences.
brianrbreen on August 27 at 9:03 a.m.
Okay, I know I have it right now. Steve Tucker’s office had nothing at all to do with the Chism case, everything including the search warrant, and arrest warrant came from Thurston County Superior Court.
The name of the prosecutor was misspelled in the 9th s published decision, and the prosecutor was incorrectly described as a deputy prosecutor in the office of the Spokane County Prosecutor.