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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (Nov. 11, 2016)
2A • November 11, 2016 • Seaside Signal • seasidesignal.com Federal appeals court: DA had absolute immunity Marquis refused to work with Seaside officer By Derrick DePledge EO Media Group A federal appeals court ruled Thursday, Nov. 3, that Clatsop County District Attorney Josh Marquis had absolute immu- nity when he declined to work with a Seaside Police detective who had challenged him. Marquis refused to use Steven Barnett, a veteran offi- cer, as a witness or work with him on prosecutions because of doubts about his credibility. Barnett alleged that Mar- quis retaliated against him for his criticism of the district attorney in a guest column in The Daily Astorian during Barnett’s unsuccessful cam- paign for sheriff in 2012. Barnett claimed in a fed- eral lawsuit that Marquis vio- lated his free speech and due process rights. A U.S. District Court judge ruled in 2014 that Marquis had absolute immu- nity against the suit because he was acting in his role as prosecutor in the judicial phase of the criminal process. Barnett appealed. A three-judge panel of the 9th U.S. Circuit Court of Ap- peals in Portland upheld the district court in a ruling issued Thursday. “A prosecutor’s decisions about witness credibility and the presentation of evidence are intimately associated with the judicial phase of prosecu- tion and are therefore protect- ed by absolute immunity,” the judges held. Inexact science The appeals court ac- knowledged that determining whether conduct is prosecu- torial in nature, rather than JOSHUA BESSEX/EO MEDIA GROUP District Attorney Josh Mar- quis had absolute immunity when he froze out a Seaside Police detective who had criticized him, a federal appeals court ruled. administrative, is an inexact science. Prosecutorial conduct can include actions taken outside the courtroom and before tri- al, the judges wrote, and do not need to be related to a par- ticular trial. Absolute immunity applies SUBMITTED PHOTO Steven Barnett, who retired from the Seaside Police this year, claimed the district attorney violated his free speech and due process rights by refusing to work with him after a critical newspaper column. regardless of the accuracy of a prosecutor’s conclusions about a witness, the judges wrote, and even if the judg- ment is unfair or driven by personal hostility. Prosecutors and other gov- ernment officials receive ab- solute immunity from liabili- ty so they can carry out their official duties without fear of constant legal threats. “The decision by the Clat- sop County District Attorney’s Office to cease using Barnett as a witness falls squarely within the type of prosecuto- rial conduct that is protected by absolute immunity,” the judges held. “Whether that decision was made directly in response to Barnett’s article criticizing Marquis is imma- terial.” ‘High ethical standard’ Marquis, who was repre- sented by the state Attorney General’s Office, said he is “pleased that it appears to be over with.” “I think it simply goes to the fact that we demand, and for the most part receive, a very high ethical standard among the law enforcement in Clatsop County,” the dis- trict attorney said. “And that’s the way it will continue.” Barnett, who retired from the Seaside Police this year, is disappointed his claims of civil rights violations have not been heard by the courts. Both the district court and the appeals court focused on the question of absolute immuni- ty, not the underlying issues of free speech and due pro- cess. Barnett has the option of asking the full 9th Circuit to hear his case or appealing to the U.S. Supreme Court. “I get the law. I under- stand the law,” Barnett said. “But nobody — nobody — is above the law, including our DA, who is using the shield of immunity.” SEASIDE POLICE LOG person who had the hood up on the car was the car’s owner. Oct. 21 Oct. 22 9:36 a.m., 600 block S. Downing: A concerned citizen requested police conduct a welfare check on a visibly distraught and possibly in- toxicated woman who had an altercation with her boyfriend. Police determined the woman was well enough to remove herself to another location. 5:20 p.m., Safeway and High- way 101: Caller reports a man walking on the road carrying a knife attached to the end of a long stick. Police are unable to locate. 7:56 p.m., 2200 block N. Roo- sevelt: Police offer a courtesy ride to a person who had run out of gas while driving. 11:52 p.m., 2400 block High- way 101: Caller reports a red- nosed female pit bull followed them home. The dog is taken to a kennel. 5:52 p.m. 1100 block S. Jack- son: An Assault in the Fourth degree was reported. No fur- ther information was given. 9:54 a.m., 1100 block N. Roos- evelt: Caller requests a welfare check regarding an individual passed out on a bench. Subject was gone before police arrival. 11:43 a.m., N. Prom: A Chi- huahua tied up in the laundry of a hotel causing a problem was impounded and later determined to be one of two Chihuahuas reported lost. The owner retrieved the dog from the pound the next day, prom- ising to soon get a dog license. 9:11 p.m., 500 block S. Edge- wood: Police respond to a report of a man tearing up an apartment. Subject was gone prior to police arrival. Oct. 23 3:03 p.m., Avenue B and S. Holladay: A man and a woman having an argument deemed to be verbal in nature only were warned by police to quiet down or be charged with disor- derly conduct. 10:24 p.m., 400 block S. Roosevelt: A theft in the third degree occurred; the per- son charged with theft was arrested. Oct. 24 3:32 a.m., First Avenue: A caller reported suspicious activity around a vehicle outside their home. Police determined the Oct. 25 6:29 p.m. 2400 block Ocean Vista Drive: A burglary was reported, as well as theft, and possession of heroin. 9:14 p.m., Highway 101 and Broadway: Caller reports a woman who approached her car at the traffic signal behav- ing in an aggressive manner. She also demanded a ride. Po- lice are unable to locate anyone in the area fitting that descrip- tion. Oct. 26 5:37 p.m., S. Wahanna: Caller reports a man seemingly too intoxicated to ride his bike; police contacting the individual said he suffers from multiple medical issues and advised him to walk his bike, not ride it. subject grabbed backpacks out of a car and disappeared before police could find them. 6:15 p.m., Highway 101 and the Helicopter Pad: Police respond to a report of a woman standing in the road attempt- ing to flag down a ride. The woman made it to the police department and then on to the bus stop. 10:48 p.m., the beach: Police respond to a report of a dis- turbance; it is determined it is was “people having fun” and preparing to go into the ocean. 7:46 p.m., 300 block S. Franklin: A woman who said her ex was following her was given a police escort home for her protection. Oct. 27 7:56 a.m., McCormick Garden Road: Seaside police assist Gearhart police with a distur- bance. 9:11 a.m., Tillamook Head Road: Police respond to a re- port of a deer stuck in a fence. Prior to police arrival, the deer was released. 12:20 p.m., 7th and Prom: Police arrive in response to a reported drug deal in progress; Oct. 28 7:21 a.m., 800 block 1st: An on-going domestic situation between a man and his wife resulted in the man receiving a restraining order. 10:39 a.m., S. Holladay: Ap- proximately 15 gallons of gas were reported as being taken from a company vehicle over- night. No suspects are known. Police advise the case has been suspended. Oct. 30 9:56 a.m., Holladay Drive and the Estuary: Caller reports people cutting wood in an un- authorized area. Police advise suspects they need permission from the forestry service and tell them to stop. 4:08 p.m., 1100 block S. Roosevelt: Police assist a woman who was left stranded in Seaside with two children. The woman is non-English speaking. Police assist her getting transportation back to Portland. 7:43 p.m., 2100 block Lewis & Clark Road: A dog bite victim is transported to Seaside Hos- pital. 9:10 p.m., Oceanway: Caller requests police assistance, urg- ing wife to return home from church. The caller called back to say she was safely home. Oct. 31 12:13 a.m., 1100 block N. Roosevelt: Police are alerted to a man talking to himself and banging on the window of a closed store at the Outlet Mall. Police arriving tell him he is permanently trespassed from the area. 9:56 a.m., Seaside Police Station: A sex offender came in to register. N. Wahanna Road Worried about taking the long way back? 101 Changes in your urinary tract system as you age can begin to affect your active lifestyle. If you’re experiencing incontinence, pain or other uncomfortable symptoms, please make an appointment with urologist Laura Gordon, M.D., at Providence Medical Group-Seaside. Dr. Gordon provides surgical and non-surgical care for a variety of conditions, including common ailments such as incontinence, prostate problems and kidney stones. S. Lincoln Street Broadway Street S. Wahanna Road Dr. Gordon welcomes new patients of all ages, including children. Providence Medical Group- Seaside Schedule your appointment today. Providence Medical Group-Seaside 725 S. Wahanna Road, Seaside, OR 97138 • 503-717-6523 We accept most major medical insurance. For more information, visit Providence.org/pmg Laura Gordon, M.D. Urology