Officers off the hook after mistaken arrest

MISSOULA — A lawsuit against three Polson police officers was dismissed in Missoula District Court on Sept. 28. The case centered on an  alleged encounter with a Polson man that resulted in a mistaken arrest.

Patrick Haun accused former Polson Police Chief Douglas Chase,  current Chief Wade Nash, Polson Police Officer Anthony Dentler,  along with Lake County Sheriff’s Deputies Daniel Duryee and Jeff Ford of several offenses, including negligent investigation, assault and battery, false arrest and imprisonment, trespass and invasion of privacy.

According to court documents, on June 2, 2009,  a domestic dispute was reported to Lake County law enforcement.  The victim reportedly informed Lake County Sheriff’s Deputies Duryee and Ford that the assailant was in her apartment located across the street. According to Ford, the victim indicated that the assault took place on the north end of the building and said the apartment was “the one on the far end.”

According to court records, Duryee and Ford, joined by Polson Police Officer Anthony Dentler, entered the apartment building the victim had identified as her residence, and  arrived at apartment No. 4. According to court records,  the officers “knocked loudly on the door and yelled ‘Police, come to the door’ several times,” but received no response from within.  According to court records, Officer Nash appeared on the scene. The victim gave officers permission to enter her locked apartment and said that she had left her keys in the apartment but that the windows were open.

At that point Nash “decided to make entry into the residence based on the victim’s consent.” According to court records, Duryee entered the residence through the window to the right of apartment No. 4 and announced their “presence by yelling ‘police’ and ‘Sheriff’s Office’ several times.” As it turned out, however, that window led to a bedroom in a neighboring apartment. Duryee “walked out of the bedroom and into the front room of the apartment” where he found a man, later identified as Haun.

According to court records, Duryee repeatedly identified himself and ordered the man to put his hands behind his back. Haun refused to comply, and Duryee advised him “that he was under arrest.” Haun refused and shouted obscenities at Duryee, court documents state.

According to Haun, Duryee attempted to handcuff him and tackled him during the arrest procedure. Duryee was able to handcuff Haun, and then explained that he “was there investigating an assault.” At that point, Haun told Duryee he “was at the wrong apartment and indicated with his head and hands toward the wall.”

In the meantime, Ford, Nash and Dentler soon discovered that Duryee had entered through the wrong window and located the correct suspect. “Within moments of their doing so, Duryee ‘reported on the radio he was with a Patrick Haun,’ and had him in handcuffs,” according to court documents. Nash went to assist him, and  entered into the apartment where they confirmed that they were in apartment No. 5 rather than apartment No. 4.

Nash said when he entered No. 5, Haun told him and Duryee they were “lucky he did not have a gun because he would have ‘put a bullet in (their) head.’” According to court documents,“There is nothing to suggest that Nash should have known that Duryee was violating Haun’s rights by keeping him in handcuffs while Duryee checked for outstanding warrants. ” Court records state it was reasonable for Nash to believe that Haun had been resisting arrest.

After he was released from constraints, Haun requested an ambulance and complained “that his arms were hurt” and said that, “he wanted to press charges.” Dentler told him “that he would have to file a complaint with either the Sheriff’s Office or the Polson Police Department.”

According to court records, Haun filed the lawsuit nearly two years later. The document states that he advanced claims against all named defendants in their individual and official capacities for allegedly violating his rights to be free from unreasonable search and seizure and the use of excessive force.

On Sept. 28, in Missoula District Court, U.S. Magistrate Jeremiah Lynch issued a summary judgment clearing the Polson police officers, and the city’s former chief of police, of any misconduct. Haun had until Oct. 9 to appeal the decision, and did not.

According to Undersheriff Dan Yonkin, of the Lake County Sheriff’s Office, the case against Deputies Daniel Duryee and Jeff Ford is still ongoing.