From the Yakima Herald-Republic Online News.


Posted on Friday, October 23, 2009

Judge dismisses Sunnyside critic's civil rights lawsuit
by Ross Courtney
Yakima Herald-Republic


YAKIMA, Wash. -- A federal judge has dismissed a $25 million civil rights lawsuit against the city of Sunnyside by City Hall critic Tom Paul.

U.S. District Court Judge Lonny R. Suko last week dismissed the suit, which alleged the city denied Paul free speech and due process and impeded his construction business.

Interim City Manager Jim Bridges said in a news release Thursday that the city wants to put the long-running dispute behind it and “focus on matters that are of greater importance” to residents.

Paul, 55, called the ruling surprising and unfair.

“If you’re looking for justice don’t go to the legal system,” he said.

He and his attorney, Mike Gillett of Seattle, plan to appeal to the U.S. 9th Circuit Court of Appeals.

In the lawsuit, Paul claims the city violated his civil rights beginning in 2004 during a feud about signs posted on his South First Street property criticizing city officials. One of them called then-City Manager Bob Stockwell a dictator.

The city charged him with a sign ordinance misdemeanor, saying he had too many signs and that they were wrongly placed. But in a settlement, the charge was dismissed after he painted over the critical slogans, he said.

Paul also contended in the suit that the city hampered his construction business by imposing different engineering requirements on his proposed homes than other builders.

Paul’s beef with the city started with a surveying dispute over land he owns along South First Street, a main entrance to the city from Interstate 82. He and the city settled that in 2007.

Besides the city, the lawsuit named Stockwell, Mayor Pablo Garcia, Councilwoman Theresa Hancock; former Mayor Ed Prilucik; Councilman Jim Restucci, city attorney and former City Attorney Mark Kunkler and city building official Mike Storms.

The lawsuit asked for about $2.5 million in actual damages and more than $22 million in punitive damages, Gillett said, for a total of nearly $25 million.

• Ross Courtney can be reached at 509-930-8798 or rcourtney@yakimaherald.com.

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ANDY SAWYER/Yakima Herald-Republic
Tom Paul