Judgment Awarded Former Prosecutor Reduced U.S. District Court Judge Eliminates $200,000 Awarded To David Herrean

A federal judge has substantially reduced a $350,000 judgment awarded to a former Spokane County deputy prosecutor and his family.

U.S. District Court Judge Robert Whaley eliminated $200,000 that was awarded by a jury Feb. 7 to David Hearrean for his claim of outrage against Spokane County.

Hearrean, his wife and their three sons sued the county, alleging its officials didn’t do enough to protect the family during two criminal trials brought against members of the Hells Angels outlaw motorcycle gang.

The jury was told that “outrageous conduct is beyond the possible bounds of human decency and regarded as atrocious and intolerable in a civilized community.”

The judge eliminated the award to Hearrean because the jury held that neither Spokane County nor Prosecuting Attorney James Sweetser acted with deliberate intent.

In entering his ruling, the judge noted that Hearrean received state workers’ compensation after claiming his medical condition was job-related.

Hearrean and his wife both claim they developed post-traumatic stress disorder as a result of their ordeal.

“Since there was no deliberate intent to injure, he is prohibited under Washington law from recovering for outrage against these defendants,” the judge said.

The judge let stand the remaining $150,000, which was awarded to Hearrean’s wife, Carol, and the couple’s three teenage sons.