The case file reads:
In June 2021, Woodland Police Officer Brent Murray observed a vehicle being driven with a defective headlight and no license plate in Woodland, which is in Cowlitz County, Washington. Murray drove a marked patrol vehicle and “signaled” for the driver to stop. The driver continued to drive and subsequently stopped at a red traffic light. Murray noticed that the vehicle’s taillight on the right side did not work. He also observed the driver look back at him through the rear-view mirror. The traffic light turned green and the driver continued on.
The driver stopped at the next red traffic light, and Murray activated his vehicle’s emergency lights. The driver again looked back at Murray through the rear-view mirror and, when the traffic light turned green, continued to drive. Murray then activated the siren. The driver briefly pulled to the side of the road, but without stopping, quickly pulled back onto the road and continued to drive. The driver continued to drive under the speed limit while ignoring Murray’s emergency lights and siren. Murray followed the driver for more than 10 miles and into Clark County.
A Clark County sheriff’s deputy advised Murray via his radio that, approximately two years prior, “they had a similar incident with a similar vehicle and the driver claimed to be a sovereign citizen. The sheriff’s deputy “cautioned [Murray] that when they arrested him, the suspect resisted arrest and they had to fight him.” The sheriff’s deputy identified that person as David Johnson and a resident of Yacolt, a city in Clark County.
Clark County sheriff’s deputies informed Murray that they would respond to the area to assist. Murray turned off the emergency lights and siren and follow the driver to Yacolt. Upon entering Yacolt, Murray noticed Clark County Sheriff’s Deputy Shane Joachim “waiting for [him].” Murray again activated the emergency lights, but the driver did not stop and continued to drive under the speed limit for about three blocks.
The driver pulled into the driveway of a residence and parked. Murray and Joachim parked their patrol vehicles and approached the driver’s vehicle. The driver exited his vehicle, and Murray observed that the driver “was very large and muscular.” Murray and Joachim informed the driver that he was under arrest. Murray grabbed the driver’s right arm and Joachim grabbed his left arm. The driver responded, “No I am not!” and “twisted out of [their] grasp and told [them] to get off his property.”
Murray and Joachim again informed the driver that he was under arrest. They attempted to grab the driver, but he “quickly pulled away from” them. Based on the driver’s stature, Murray believed that “if [they] fought with him, someone was going to get hurt.” Murray then announced “taser,” pointed his taser at the driver, and ordered the driver “to the ground.” The driver refused to comply with this command and, instead, “said he was leaving and turned around.”
Murray activated his taser, and two probes struck the driver in the back before he fell “softly” facedown onto the ground. The driver stated “OK, OK.” Murray ordered the driver to place his arms behind his back while Joachim attempted to place handcuffs on the driver. The driver pulled his right arm away from Joachim and refused to comply with Murray’s commands. The driver attempted to “turtle” his hands underneath his chest, so Murray tasered him again. Joachim successfully placed handcuffs on the driver. A report of Murray’s taser states that he activated it three times: twice back-to-back for a period of 10 seconds in total and, eight seconds later, again for a period of five seconds.
Murray requested emergency medical services. The driver stated that “he was fine” and that he did not want or need an ambulance. Murray informed the driver that medical personnel would check his condition, but that the driver did not have to go to the hospital if he did not want to. Emergency medical personal arrived, removed the taser probes from the driver’s back, and offered to place a bandage over the location where the probes had been. The driver declined the bandage.
The driver refused to tell Murray his name. Murray perceived the driver as “exaggeratively pretend[ing] to not know who we were or why [we] were on his property,” repeatedly “asking why [Murray] tried to kill him.” The driver told Murray that the driver “was not under arrest” and that Murray “was under arrest and he was arresting [Murray].” Murray read the driver “his rights” and the driver “refused to answer if he understood his rights or not.” A Clark County sheriff’s deputy then confirmed that the driver was David Johnson.
Murray arrested Johnson for failing to obey an officer in violation of a misdemeanor. Murray transported Johnson to the Cowlitz County jail and issued Johnson notices of infraction for operating a vehicle with a defective headlight, with a defective stop lamp, without a valid operator’s license, without current license plates, and with an expired vehicle license. At the jail, Murray saw that Johnson “had a small spot of road-rash on his forehead.” Johnson asserts that his injury took approximately one to two weeks to heal.
Johnson was charged in Clark County District Court with one count of resisting arrest. He ultimately pleaded guilty to one count of disorderly conduct, a misdemeanor. The court sentenced Johnson to one day of partial confinement on work program and time served for two days of total confinement.
Johnson sued in this Court, asserting claims for false arrest, excessive force, and violations of his Fifth Amendment and Ninth Amendment rights. He also asserts state tort claims of “Gross Negligence and Recklessness,” intentional infliction of emotional distress, assault, battery, negligence per se, false imprisonment, and “Willful and Wanton Negligent Hiring, Retention and Lack of Supervision.”
During his deposition, Johnson testified that he recalled being followed by a Woodland Police Department vehicle the day he was arrested. He testified that, at some point, he recalled seeing the vehicle’s emergency lights and hearing the vehicle’s siren. at 7, 9. Johnson stated that only after Murray issued the notices of citations did he realize that his vehicle had a defective headlight and taillight. at 7. Johnson knew, however, that his vehicle did not have a license plate. at 8. Johnson refused to pull over because he “[d]idn’t feel there was any reason that [he] had to.” Johnson stated that he briefly pulled to the side of the road before returning to the road “[t]o let [the police vehicle] go around [him].” Johnson continued to drive for approximately 30 minutes with Murray following him.
Johnson recalled driving home, parking, and stepping out of his vehicle. Johnson testified that he then “ha[s] no memory for moments of time because that’s the point where Murray shot me in the back with his Taser gun.” Johnson recalled:
I just remember opening my car door and the next thing I know, I’m laying — I was standing in my driveway next to my car door. I just opened it and stepped out facing my garage. And then I have no memory. I just remember waking up, laying on my front porch in front of my door, handcuffed, face on the . . . concrete.
Johnson remembered being treated by medical personnel and Murray driving him to the Cowlitz County jail. Johnson believes that he was unlawfully seized in violation of the Fourth Amendment because “[n]o crime had been committed” and “[n]o warrant issued.” He believes that Murray used excessive force when he tasered Johnson and that Joachim used excessive force when he placed handcuffs on Johnson. He also claims that Murray’s conduct violated the Fourteenth Amendment because he “had no authority to be in Clark County or on [his] property” and “no legal reason or right to arrest [him] and shoot [him] in the back with a Taser gun.
In the end, the case was dismissed with prejudice. The court also notes that Johnson denies that he identifies as a sovereign citizen.