Polson man files lawsuit against city
POLSON — Polson resident Rory Horning filed a lawsuit in Lake County District Court against the city of Polson Monday, claiming he was denied his Constitutional rights to protest governmental action, participate in the operation of city government, the pursuit of happiness and free speech.
In the complaint, Horning states that city manager Todd Crossett and city attorney James Raymond committed acts that were “an abuse of process motivated by their wish and goal of excluding [him] from attending city council meetings.”
The first incident occurred on May 20, 2011 when Crossett and Raymond applied to Lake County Justice Court for a temporary order of protection, restraining Horning from being within 1,500 feet of Crossett, his wife, or children. Justice of the Peace Chuck Wall signed the order, re-defining the parameters to prohibit Horning from being within 500 feet of the Crossetts, or the city offices where Crossett works. Because of that order, he was denied from entering the Polson City Council meeting on June 6, 2011, which was his Constitutional right.
On June 8, the court dismissed the petition because it said that Crossett “did not prove that he or the other persons listed in the petition for temporary restraining order were in imminent danger of harm.”
According to a Leader article printed on June 16, Crossett originally filed for the protective order following a heated city council meeting May 18. Crossett said Horning, who is a regular face at civic events, disrupted the meeting by making a “sarcastic and incendiary remark” aimed at another attendee. Crossett alleged that after the meeting, Horning approached him and made intimidating statements including “if you ever do that again, you’re going to get some of me.” When asked about the alleged threat, Horning asserted that Crossett was misquoting him.
The lawsuit goes on to state that not only was Horning deprived of his Constitutional rights, but he received “substantial negative publicity,” public humiliation and embarrassment inflicted by tortious conduct in relation to the temporary order of protection.
“He has suffered damages and is entitled to recover actual punitive damages,” the document states.
Horning further alleges that Mayor Pat DeVries unjustly kicked him out of a city council meeting on June 20, after he and another member of the public got in a heated debate regarding the Walmart permit extension. Horning claims that he followed the rules of the meeting while the other gentleman did not, therefore he should have been allowed to stay.
Among his requests, Horning asks for general and special damages to compensate for his injuries, past and future lost earnings incurred, compensation for public humiliation and embarrassment and reasonable attorney’s fees and costs as incurred by plaintiff.