This morning’s Coeur d’Alene Press reports (see article headlined Suit alleges excessive force, violation of rights) that Athol resident Mark Barnhouse has filed a federal civil rights lawsuit against Coeur d’Alene Police Department officers Johann Schmitz, Mark Knapp, Jonathan Hernas, and then Acting Chief Ron Clark. The suit also seeks the Federal District Court’s permission to amend the complaint to add specifically named defendants as their identities become known to the plaintiff.
The lawsuit was filed on April 1, 2014, and was based on an incident which occurred on February 17, 2013, in the City of Coeur d’Alene. The PACER case number is 2:14-cv-00129-EJL-REB, captioned Mark R. Barnhouse, Plaintiff, v. Johann Schmitz, individually and in his official capacity as a police officer, Mark Knapp, individually and in his official capacity as a police officer, Jonathan. Hernas, individually and in his official capacity as a police officer, Ron H. Clark, City of Coeur d’Alene, a municipality incorporated in the State of Idaho, and John Doe(s) I-V, Defendants. The case number link is to the initial complaint.
There are a couple of tantalizing tidbits in the complaint:
“Defendant Mark Knapp was also responsible for the training, supervision, and control of defendant Johann Schmitz in the proper use of force.” So, we wonder, was Mark Knapp a field training officer (FTO) and was Johann Schmitz a trainee at the time of this incident in 2013?
“In furtherance of their attempts to justify their unlawful arrest, both Officers Schmitz and Knapp made false statements of fact in their police report…” which were itemized in the complaint. The complaint then alleges “The Officers then decided to modify and correct their false statements only after reviewing Officer Schmitz’s body camera.” So Schmitz was wearing a body camera and had evidently activated it. What about Knapp? Especially if he was an FTO, his body camera should also have been activated. Was it?
OpenCdA is happy to see that Mr. Barnhouse engaged legal counsel and brought this action in federal court.
This incident preceded the Arfee killing by a Coeur d’Alene police officer, but there appear to be some common threads between that and the present lawsuit. It will be interesting to see how the City of Coeur d’Alene and its new police chief handle both cases.
OpenCdA is curious to know if any of the officers involved in Barnhouse and Arfee received their pre-service training in the North Idaho College’s POST certification program rather than at the POST academy in Meridian?
The public will be watching.
Another incident involving a Field Training Officer as the instigating cause of unnecessary, unwarranted violence (so the legal petition goes). Seven cops versus one innocent passenger who complied with all orders (as the legal petition goes). Cuffed and stuffed for a bottle of (known) root beer and calling the cops “dickheads” (the later of which for some reason I can’t stop laughing at).
I too am glad Mr. Barnhouse is suing–maybe without the shield of “personnel policies” invoked in the Arfee case (so far) can the public get a better view of how CDA police are trained to act, and how complacent (or under duress) the Trainee is to follow-along with the gang. Hopefully, Mr. Barnhouse will take this case to task instead of accepting an award contingent on keeping secret what every citizen should know about the ever-evolving tactics used to terrorize the innocent.
Comment by Old Dog — September 10, 2014 @ 2:12 pm
Old Dog,
As long as Coeur d’Alene’s Mayor and some members of the City Council are willing to tolerate unprofessional law enforcement, the taxpayers will continue to pay claims for damages for those officials’ tolerance. See the local officials’ campaign finance reports for their most recent campaigns to know who is “tolerant” in contrast with who wants competent, professional law enforcement in Coeur d’Alene.
Comment by Bill — September 10, 2014 @ 5:31 pm
“The public will be watching.” ??? I have to sadly disagree if “public” is defined as being more than say 10-15 people. After all, it did not happen in downtown Cda and it was was person, not a lovable looking dog.
Comment by up river — September 11, 2014 @ 6:05 pm