Claim alleges rights violations

SANDPOINT — A Sandpoint woman involved in a protracted saga with law enforcement and the court system in Bonner County is seeking $2.5 million in damages for alleged civil rights violations.

Rita Nancy Hutchens filed a tort claim against the city, the county and the state, targeting virtually every official who has been involved directly or indirectly with her struggles inside and outside the courtroom.

Hutchens filed the 18-page tort claim, which serves as a notice of intent to sue, on Oct. 15. It covers events starting with her wrongful arrest by Sandpoint Police in 2011 through an abandoned effort to prosecute her for simple battery for allegedly hitting a deputy city clerk with a thrown ink pen.

The claim alleges violations of constitutional guarantees against unlawful search and seizure, and self-incrimination. The claim further alleges that she was denied due process during her criminal prosecution.

Hutchens, 58, was arrested in 2011 for obstruction for refusing the speak with an officer investigating her for stalking a deadbeat tenant. The misdemeanor case, however, was throw out of court after a judge ruled that invoking her right to remain silent could not be construed as obstructing an officer.

While researching her legal claims against the city in 2012, Hutchens allegedly threw a pen at a deputy clerk, resulting in a misdemeanor battery charge. Hutchens was arrested three times while the case was pending — once for failing to appear in court and twice for contempt.

The state ultimately dropped its prosecution of Hutchens for battery, citing a variety of technical and practical reasons, including a determination that she spent more time in jail for contempt than she would have if she were convicted of the underlying offense.

Hutchens denies that she battered the clerk and alleges that she was the target of malicious prosecution and fundamentally flawed criminal proceedings, according to the claim. She alleges 13 violations of her civil rights and four instances of official misconduct. In addition to the political entities, Hutchens seeks damages against 19 public officials, including the mayor and two judges who have issued rulings in her criminal case.

Hutchens asserts in the claim that her reputation and career have been damaged, in addition to being physically injured during one of her arrests. She also accuses The Daily Bee of libel for its reporting on her criminal case.

Hutchens is awaiting trial for possession of drug paraphernalia that was allegedly discovered when she was arrested on the failure-to-appear warrant earlier this year. A defense motion to suppress evidence in the case is set for Nov. 15.