A pair of Polson Police officers and the former police chief, as well as two Lake County Sheriff’s deputies, have been cleared of any wrongdoing after two of them entered the wrong apartment during an investigation in 2009.

Patrick Haun, who was arrested and then immediately released after his apartment was mistakenly entered, brought the lawsuit against former Polson Police Chief Douglas Chase, officers Wade Nash and Anthony Dentler and deputies Daniel Duryee and Jeff Ford in 2011, two years after the incident.

Haun claimed his constitutional rights were violated by the men, either by their action or lack of action related to the incident. He also alleged they had trespassed, falsely arrested and imprisoned him, assaulted and battered him, invaded his privacy, that they were negligent and that they did it all in concert.

Early in the morning on June 2, 2009, Joseph Mitchell and Tiffany Higgins were involved in a domestic dispute in their Polson apartment. Higgins left after the fight and walked to the Lake County Sheriff’s Office across the street from the apartment. Duryee noted she “was visibly upset and had blood coming from her nose.”

Higgins pointed officers toward the apartment, indicating which apartment she had come from and stating that the windows were open. She also gave them consent to enter the apartment.

After multiple attempts to make verbal contact with Mitchell by knocking on the locked door and yelling inside, both through the door and the open windows, Nash decided that entry should be made through one of the windows.

Based on their belief of how the apartments were split, Nash and Dentler boosted Duryee through a window they believed led to Higgins’ apartment. At about the same time, officers outside realized it was the wrong apartment and Duryee, inside, made contact with Haun.

Duryee identified himself to Haun and ordered him to put his arms behind his back, telling him he was under arrest. Haun refused, yelled profanities at Duryee and resisted arrest. Duryee was able to handcuff Haun, who claimed Duryee tackled him during the confrontation.

Among the statements Haun said to Duryee, as witnessed by Nash, was that they were lucky he didn’t have a gun because he would have “put a bullet in your head.”

Haun was later released after his identity was confirmed and it was determined he had no extraditable warrants.

According to a ruling by U.S. Magistrate Judge Jeremiah Lynch, the actions of Nash, Dentler, Duryee and Ford were “objectively understandable and reasonable,” merely “an honest mistake,” and that they did not violate Haun’s rights by their admitted error.

Lynch ruled Chase, who was not present during the investigation, could not be held vicariously liable.

Reporter Jesse Davis may be reached at 758-4441 or at jdavis@dailyinterlake.com.