Unsuccessful Candidate Sues Over Record Release Latah County Officer Says Criminal Record Was Sealed

A Latah County sheriff’s sergeant, who lost a bid for the Democratic nomination for sheriff in the primary election, has filed a $200,000 claim against the city, alleging police department employees improperly released his criminal record.

Sgt. Norm Van Ness, Jr., said he and his wife suffered embarrassment, humiliation, public ridicule and mental anguish when it was made public that he had pleaded no contest to a misdemeanor theft offense.

The offense dated back to 1976, when he was a California resident. A 1981 court order sealed records in the case and essentially erased the conviction.

A tort claim is a precursor to filing a lawsuit against a governmental agency. “Allegations of this nature merit a closer look at the situation,” City Attorney Randall Fife said Thursday. “We’ll take whatever action the city deems appropriate.”

Van Ness lost to Moscow officer Jeff Crouch in the primary. Crouch will face Republican Kenneth Piel in November. The incumbent, Sheriff Joe Overstreet, got just 16 percent of the vote in a three-way race for the GOP nomination.

Van Ness’ claim says releasing the information may have cost him the election.

“The claimants have been informed that two officers … were involved in accessing the records but the investigating agency has refused to reveal the names of said officers,” said the claim prepared by Van Ness attorney Danny Radakovich.