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
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