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City settles civil rights suit; mayor apologizes

KEITH COUSINS/kcousins@cdapress.com | Hagadone News Network | UPDATED 10 years, 2 months AGO
by KEITH COUSINS/kcousins@cdapress.com
| March 20, 2015 9:00 PM

COEUR d'ALENE - Mark Barnhouse said his only thoughts as Coeur d'Alene Police officers took him to the ground were of times when his children jumped on his back during wrestling matches.

The February 2013 incident began when Barnhouse's wife was stopped by police for failing to use her turn signal. It ended with Barnhouse, 55, in handcuffs for having an "open container" of root beer and resisting arrest. The Athol man said the events of that day still don't make sense to him.

"This wasn't the crime of the century," Barnhouse said. "Basically, I was arrested for not wearing a seat belt and we were stopped for not signaling out of a private parking lot onto a one-way street."

Last April, a civil suit was filed in U.S. District Court alleging that the officers used excessive force and violated several of Barnhouse's constitutional rights during the traffic stop. The lawsuit, filed by Moscow attorney Jefferson Griffeath, asked for more than $100,000 in damages.

The matter was resolved outside the courtroom last month. Barnhouse agreed to a $10,000 settlement from the city and a written letter of apology from Coeur d'Alene Mayor Steve Widmyer.

"I wasn't looking to get rich," Barnhouse said. "It's one of those things where it's coming right out of the taxpayers' pocket and that kind of bothers me. I wanted to make a point, but I didn't want to steal from the taxpayers. These are public servants and they should be held responsible."

After closing their Coeur d'Alene business for the day on Feb. 17, 2013, Barnhouse said his wife, Lisa, wanted a piece of chocolate cake from Pilgrim's Market. He said he wanted a cold drink, so he purchased a glass bottle of root beer.

When Lisa exited the parking lot of the Fourth Street business, she didn't use the Dodge Nitro's turn signal and was stopped by Coeur d'Alene Police Officer Johann Schmitz. After receiving Lisa's license and registration, Schmitz informed her she was stopped for the traffic violation.

"That's pickin' nits," Lisa replied. "Holy cow."

Schmitz then noticed the glass bottle between Barnhouse's legs and asked the man what he was drinking. Barnhouse replied that it was root beer and showed the officer the bottle label.

"Then he noticed I wasn't wearing my seat belt and he asked me why I wasn't wearing it," Barnhouse said. "I said 'Well I just forgot to put it on.' He asked me for my ID and I asked if I was required to give it."

Barnhouse said after being told he needed to provide ID, he left the SUV so he could remove his wallet from his back pocket.

Officer Mike Knapp was on the passenger side of the vehicle and Barnhouse said when he stepped out, Knapp pushed him. He added that he didn't know the push came from an officer and responded by calling Knapp a name.

"Then he grabbed me by the wrist, pulled me over to the car, and slammed me against the car," Barnhouse said. "By that time the other officer was around and they took me to the ground."

He added that when the officers took him down, he would not give them his hands because he was using them to protect his head from hitting the concrete. When Barnhouse asked the officers why he was under arrest, one of the officers replied that it was for having an "open container."

"Finally I got to a position where they let up a little pressure and I gave them my hands and they cuffed me," Barnhouse said. "By this time there were probably six cops there, it was a big Sunday afternoon deal. But I was never aggressive and never combative - I was basically in protection mode"

Barnhouse was taken to Kootenai County jail and charged with resisting arrest. He said he spent a few hours in jail before Lisa paid his bail.

"My anniversary was the next day, so she had to get me out for that," he added.

Instead of fighting the charge, Barnhouse said he followed a lawyer's recommendation to pay the $300 bond forfeiture and have the charge dismissed. A citation was never issued for Barnhouse's failure to use his seat belt.

The same attorney, he added, suggested he file a civil suit.

"I could not find an attorney in the area that would take this case," Barnhouse said. "I shopped around and shopped around but nobody would do it. I finally found this fella down in Moscow who told me this type of case is what he wants to do for a living."

Griffeath then filed the civil suit and was able to work with the city attorney's office to come to a resolution prior to the first scheduled hearing in federal court.

"I thought it was a pretty fair deal," Barnhouse said. "I've had a lot of people actually thank me for doing this. It doesn't make me feel good or bad to hear that, it just is what it is. Somebody needs to say 'Woah, things are out of control here and we need to get it straightened out.'"

City Attorney Mike Gridley told The Press Thursday that the three officers directly mentioned in the lawsuit - Schmitz, Knapp and Officer Jonathan Hernas - are still employed by the police department.

"But any discipline would be a personnel matter that I'm not at liberty to discuss," Gridley said.

Coeur d'Alene Police Sgt. Christie Wood told The Press that since November, Chief Lee White has "conducted three separate department-wide trainings on use of force, as well as his expectations of officers' interactions with the public."

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Suit alleges excessive force, violation of rights
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