Judge vacates $9M award for former officer
Published:
TACOMA— A federal judge has thrown out a $9 million jury award in the case of a former Vancouver, Washington, police officer who spent nearly 20 years in prison after being wrongfully convicted of sexually abusing his children.
The Columbian reports that U.S. District Judge Benjamin Settle of Tacoma vacated the decision Wednesday in the case of Clyde Ray Spencer. The judge says there was insufficient evidence presented at trial to show that two former Clark County sheriff’s officers had violated Spencer’s constitutional rights. The judge also said that jurors were given erroneous instructions. The judge called for a second trial if Spencer sought an award.
From his home in California, Spencer said he was “extremely puzzled” by the judge’s decision. Spencer says his lawyer plans to appeal to the 9th U.S. Circuit Court of Appeals.
Spencer spent nearly two decades in prison before the charges against him were vacated on appeal and dismissed in 2010. He won his false imprisonment lawsuit last February.
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All this hate, particularly from C3G2 scum Ed Ruttledge and Douglas Green.
Now that Madore and Mielke have been proven right, does anyone expect any of these ignorant, partisan hacks to apologize?
Don't hold your breath.
Here's but a sampling of the more cryptic comments from the haters based on the commissioner's now vindicated position: And in direct answer to the incessant whining of "how much a day in interest is this costing us," the answer is:
Nothing.
Debra Smith · Paralegal at Law Office of Thomas Olmstead
Its time to fire the commissioners and get real leaders for clark county that know the law and respect it.
Matt Spencer · CEO & Founder at Showing My Kids the WorldThey are only screwing themselves. 2700 a day of going to add up quick. Typical Clark county. It's time to face the fact they lost and pay the piper. My father has been through enough already.
Reply · Like · 14 · Follow Post · February 13 at 7:14pm
Robert Ives · Top Commenter · Vancouver, WashingtonCounselor Zellner and various members of the federal judiciary are probably going to hard-school our Commissioners on how a federal judgement gets collected. Note that she is ranked among the very top litigators in the USA. This one only gets much more expensive for Clark County the further our feckless board of commissioners push it.
Reply · Like · 6 · Follow Post · February 13 at 1:39pm
Terence Jeffries · Top Commenter · Fort Vancouver High SchoolHow much interest is adding to this settlement each day? The commissioners need to look at all the facts, realize that the county had employed the wrong people and get this paid before it costs us more, then go after the bad cops.
Reply · Like · 3 · Follow Post · February 13 at 7:19am
Roger Neilson · Top Commenter · Works at Mostly in and for US ArmyMaybe the District Court judge can fine our County for contempt of court? The man was cheated out of 20 years of his life by law enforcement officers acting in their official capacity for the County. Pay the man his money.
Reply · Like · 16 · Follow Post · February 12 at 8:44pmGeorge Kolin · Top Commenter · Stevenson High SchoolAsinine.
Reply · Like · 3 · Follow Post · February 12 at 7:46pm
Ed Ruttledge · Top Commenter · Vancouver, Washington
"Chris Horne, the county's chief civil deputy prosecutor, said since Krause was found to have fabricated evidence, she was outside the scope of her duties as a county employee..."
He said with a bag over his head.
She was acting in her official capacity while employed and while on duty. As a result, she was an "agent" of the County. Is this the "quality" of legal advice provided to the Commissioners?
Reply · Like · 13 · Follow Post · February 12 at 7:33pm
George Kolin · Top Commenter · Stevenson High School
From a 9th Circuit case law report, an off-duty cop wearing his own clothing broke into a home, forced the residents to unlock their safe, slaughtered them, and died in a shootout with responding officers. Because the dead cop was acting outside the scope of his duties, the municipality was not liable. No brainer. Unless there is newer case law that goes beyond such moonlighting endeavors, the county is on the hook and Spencer’s attorneys will collect even more attorney fees from us taxpayers because of somebody’s ego. Maybe Tyler Graf and Stephanie Rice can ask Tony Golik whether he and the Commissioners will pay Spencer’s attorneys’ additional fees. By the way, how much did we taxpayers pay to Krause’s and Davidson’s attorneys?
Reply · Like · 8 · February 12 at 8:05pm
David Arnett · Top Commenter · IEEE
Ed, I think I agree with you in this one. An off duty policeman robbing people during off-hours is not acting within the scope of his duties. Entering evidence into the official record woudl seem to be within the scope of a Sherrif's Deputy's duties. To say it was done badly or even maliciously should not make a difference. But I'm sure the lawyers and judges knwo this much better than I do.
Reply · Like · 1 · February 13 at 8:12am
Ed Ruttledge · Top Commenter · Vancouver, Washington
David Arnett : I am not a lawyer. But, I was the HR Director in more than a couple of public entities. As such, I also often served as the in-house Risk Manager. I got to know the elements of "agency" all too well when employees were at fault in the execution of their duties either by ignorance, negligence or by their design. In my opinion (based on my experience), Chris Horne's advice/comment is a combination of dreadful analysis, wishful thinking, off-planet logic and contemptibly horrific callousness. The County needs to own up to its egregious conduct and move on. Chris Horne needs to re-take the Bar Exam.
Reply · Like · 6 · February 13 at 8:27am
Jamie Brenner · Top Commenter · Vancouver, Washington
lol off-planet logic!.....
Reply · Like · 1 · February 13 at 9:22am
George Kolin · Top Commenter · Stevenson High School
Ed Ruttledge
I got licensed in 1993 and been in solo practice since 1995. I have been scolded for bringing civil rights violation lawsuits against the Sheriff. Although I haven’t researched the latest on municipal liability, last I did so, this sort of conduct would fall under respondeat superior liability. Am I the only local lawyer outraged by this pathetic turn of events? Is every other local lawyer so “vested” that they fear their own shadows so they tread lightly to preserve their livelihood within this small legal pond?
Reply · Like · 3 · February 13 at 10:46am
George Kolin · Top Commenter · Stevenson High School
Loren Lee
Three bags please.
Reply · Like · 2 · February 13 at 11:02am
Matt Spencer · CEO & Founder at Showing My Kids the World
I
feel bad for the tax payers but in my opinion Clark county got off easy
with only nine million in the verdict. My father deserves a lot more
than that...
Peter Adrian · The Evergreen State College
Either
the commissioners actually believe what they are selling here, in which
case they are manifestly incompetent...or they are cynically attempting
to renege on an obligation, in which case they are (also) profoundly
unethical. Either way, I wouldn't trust them to run a corner lemonade
stand.
William Schonely
Since King Madore cares so much about "his" county, why doesn't he just reach into his money filled pockets and pay the judgement? God knows he has enough!
Ed Ruttledge · Top Commenter · Vancouver, Washington
"... she'll be asking U.S. District Judge Benjamin Settle to order Clark County to pay the judgment, which was awarded to Spencer by a jury that determined his constitutional right to due process was violated..."
"The interest, set by federal statute, is accruing at approximately $2,700 a day..."
Clark County should be ashamed of its continued egregious and irresponsible conduct in this matter. And, these are the people who claim to be the docents of "integrity."
Douglas Green · Top Commenter · Publisher at Telecom Reseller Inc
Yes Like! But one comment Not Like... The M&M could put an end to this by negotiating a deal. Also we will likely have create a fund as there will be more cases. This is likely not isolated, Tax payers? When we put someone in jail go 20 years that's $1.6 million. We voted for ludicrous sentencing and these are the costs. We endorsed cops in a hurry - more costs.
Mike Yancey · Follow · Top Commenter · Clark College
Well the M&Ms are costing the County more money everyday , people unite and stop the madness.
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