"Prosecutor Ryder Sues Witnesses After Beating, False Charges"
Item:
Civil Complaint Gary Ryder vs. Arnie Hove, Clint Mullen. et al.
Date: Filed
September 12, 1995, Richland County, Montana District Court
RICHARD A. SIMONTON
SIMONTON, HOWE & SCHNEIDER, P.C.
122 W. Bell
P. 0. Box 1250
Glendive, Montana 59330
Telephone: (406) 365-8274
Facsimile: (406) 365-8277
Attorneys for Plaintiff
MONTANA SEVENTH JUDICIAL DISTRICT COURT, RICHLAND COUNTY
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GARY RYDER, NO. DV-95-098
Plaintiff,
VS. C O M P L A I N T
ARNIE HOVE, DENNIS HERMAN,
CLINT MULLIN, JR., RENA MULLIN,
and JOHN DOE,
Defendants.
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Plaintiff complains' of Defendants and alleges:
I.
Plaintiff is an Attorney duly licensed to practice Law in
the State of Montana.
II.
Defendant HOVE is an Attorney duly licensed to practice Law
in the State of Montana and until 1994 he collectively
represented the Defendants HERMAN and MULLIN
III.
Between January, 1991 and February, 1995, Plaintiff served
as a parttime Deputy County Attorney for Richland County, Montana
and in addition maintained a private law practice.
IV.
In the course of his employment as a Deputy County Attorney
Plaintiff was required, among other responsibilities, to provide
legal advice to Richland County officials and to prosecute
individuals charged with committing crimes in Richland County,
Montana. In his position as Deputy County Attorney it is
imperative that the Plaintiff have the confidence of the public
and Richland County officials.
V.
In his capacity as a private Attorney it is imperative that
the Plaintiff have the confidence and respect of the public as
potential clients.
VI.
That September 12, 1993 there was a fight near the Triangle
Club in Richland County, Montana involving Defendants MULLINS and
HERMAN.
VII.
That at all times material hereto Defendant HOVE was McCone
County Attorney with special knowledge of criminal matters.
VIII.
Prior to September 12, 1993, the Plaintiff had represented
various individuals or entities in matters involving Defendants
MULLINS and HERMAN.
IX.
That the conduct of the Defendants as described herein
resulted in the Plaintiff's resignation of his employment with
Richland County, Montana as a Deputy County Attorney, and the
closure of his Law practice in. Richland county, Montana because
of the embarrassment caused him by the Defendants, comments made
to and about him, and what he perceived to be a lack of
confidence from members of the public and County Officials.
X.
JOHN DOE is a Defendant who has participated in the
publication, of false and unprivileged statements about the
Plaintiff, and whose identity may become known through discovery.
FIRST CLAIM (DEFAMATION)
XI.
Plaintiff repeats the allegations of Paragraphs 1. through
X.
XII.
August 30, 1993 a proposed Complaint together with a letter
were delivered to Sidney and Richland County officials alleging
the Plaintiff as well as others were guilty of Civil Rights
Violations involving the Defendants.
XIII.
September 14, 1993, Defendant HOVE directed a letter to the
Richland County Clerk and Recorder to be brought to the attention
of the Richland County Commissioners and to the Sidney Town Clerk
to be brought to the attention of the City council alleging in
part as follows:
"On Sunday morning September 12, 1993 Mr.
Ryder and individuals in his company
... numbering approximately 25 to 30 attacked
Clint Mullin Jr. , Rena Mullin and Dennis
Herman. It was clear to the individuals
present that Mr. Ryder had orchestrated the
beating of my clients."
Enclosed with that Notice were copies of Statements given to Law
Enforcement authorities as well as a video tape believed to have
been taken in Defendant HOVE'S office. That the video
orchestrated by Defendant HOVE, the MULLINS and HERMAN was then
sent to Richland County Law Enforcement after September 12, 1993
together with writings from Defendant HOVE.
XIV.
Defendant HOVE notified the Billings Gazette about the
September 12, 1993 incident for purposes of reporting it
including the allegation that Mr. Ryder orchestrated the beating
of Defendants MULLINS and HERMAN.
XV.
Defendant HOVE notified the Montana Attorney Generals
Office either orally, in writing, or both contending that the
Plaintiff organized the fight and that the contact with the
Attorney Generals Office was after September 12, 1993.
XVI.
Defendants MULLINS and HERRAN gave Statements orally
and in writing, to Law Enforcement authorities after September
12, 1993 indicating that Plaintiff was involved in or orchestrated their beating.
XVII.
That September 15, 1993 Defendant HOVE wrote to the
Richland County Attorney who is the Plaintiff's supervisor and
under whom the Plaintiff works and to whom he is responsible,
indicating that the Plaintiff was responsible for an attack and
beating on Defendants, MULLINS and HERMAN.
XVIII.
All of the above Statements attributed to the Defendants were
false and unprivileged publications by writing and/or orally which
exposed the Plaintiff to hatred, contempt or ridicule or obloquy or
which caused him to be shunned or avoided or which had a
tendency to injure him in his occupation as a lawyer. The false
and unprivileged statements by the Defendants accused him of
criminal activity and tended to directly injure him in respect to
his office and profession by imputing to him general disqualifications
in those respects which the office and his profession peculiarly
require.
XIX.
That Law Enforcement and the Montana Attorney Generals
Office investigated the above allegations made by the Defendants
and did not prosecute the Plaintiff even though those Officials
were urged to do so by these Defendants.
XX.
The above described conduct of the Defendants as directed
a towards the Plaintiff was done maliciously and with reckless
disregard of the truth and consequences.
SECOND CLAIM (ABUSE OF PROCESS)
XXI.
The Plaintiff repeats the allegations of Paragraphs 1.
through X.
XXII.
After September 12, 1993, the Defendants, HOVE and CLINT
MULLIN, JR. acting in concert with each other, complained to
Richland County Law Enforcement about Plaintiff orchestrating the
September 12, .1993 fight and they caused a criminal investigation
to be initiated against the Plaintiff.
XXIII.
That the Defendants HOVE and CLINT MULLIN, JR. acting
together initiated a demand to Sidney and Richland County
authorities for money based on the false statements that they had
made surrounding the September 12, 1993 incident.
XXIV.
That the initiation of the criminal investigation and the
filing of the claim with City and County authorities was done
with ulterior motives, i.e. to remove the Plaintiff from his
involvement in various legal matters involving the Defendants.
XXV.
That the complaints of the Defendants HOVE and CLINT MULLIN,
JR. to Law Enforcement about the Plaintiff and the Notice and
Demand to City and County Officials were willful acts having no
foundation or basis.
As a result of the above described behavior of the
Defendants, the Plaintiff has sustained special and general
damages.
WHEREFORE Plaintiff prays as follows against the Defendants
jointly and severally:
1) For Special Damages, including reduction in salary,
moving expenses and decreased income from his Law Practice.
2) For General Damages to be determined by the trier of
fact.
3) For. Punitive Damages resulting from the willful and
malicious conduct of the Defendants.
4) For such other and further relief as the Court deems
just and proper.
RICHARD A. SIMONTON
Attorney for Plaintiff
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