Claim alleges malicious prosecution

SANDPOINT - A Bonner County man is seeking $8 million in damages from the government claiming he has been the target of malicious prosecution and police harassment.

Charles Michael Johnson's tort claim seeks damages from the state of Idaho, Bonner County and the city of Sandpoint. The claim alleges malicious prosecution, harassment, libel and slander, civil rights violations, cruel and unusual punishment, misuse of public funds and conspiracy.

The tort, which serves as a notice of intent to sue, was filed last month.

Although several political entities are targeted in the claim, the bulk of the allegations are being leveled against county Prosecutor Phil Robinson and Prosecutor-elect Louis Marshall.

"They're supposed to be setting an example," said Johnson, who maintains both officials have embarked on a years-long vendetta against him which he says has included unwarranted criminal charges, intimidation, and deliberate efforts to sabotage his personal and business affairs.

"I wish people could see how they act," said Johnson.

Robinson and Marshall dispute the harassment allegations and say Johnson's criminal troubles are entirely of his own making.

"We don't have it in for anybody individually," said Robinson. "If they stop violating the law, they don't get prosecuted. The problem is we're not afraid to prosecute him."

Johnson, a 46-year-old logger, contends in the claim that he has been targeted by the county's law-enforcement and legal apparatus since being charged with aggravated assault for a near collision with Sandpoint Police officers during the 1995 installment of Lost in the 50s.

Johnson alleges the pattern of harassment followed him into more recent divorce and child custody proceedings involving his former wife, who was represented by Marshall's wife. That clash, Johnson asserts, gave way to a sequence of criminal charges pursued against him.

Court records show Johnson was charged with grand theft in 2005 on allegations he took logs belonging to the Riley Creek Lumber Co. The case was dismissed without prejudice and charges were never re-filed, records show. Johnson, however, has been successfully prosecuted at the federal level for taking timber from the Colville National Forest in eastern Washington.

In 2007, Johnson was charged with child endangerment for allegedly beating his 11-year-old daughter with a tennis shoe and dragging her down a hallway. Court documents indicate the allegations were referred to Robinson's office via confidential informant. The claim indicates Johnson's former brother-in-law was the source of the information.

Johnson's arrest on that charge produced a firearms violation because he was a convicted felon in possession of a shotgun. However, records in the felony assault case from 1995 show then-Prosecutor Tevis Hull agreed to reduce the charge from a felony to a misdemeanor upon completion of probation, which should have restored his right to possess the firearm.

Robinson was deemed an "essential witness" in the weapons case and a special prosecutor from Boundary County was appointed. Court documents indicate special Prosecutor Jack Douglas moved to dismiss the case because it was weak. Judge Debra Heise dismissed it with prejudice, which barred the state from pursuing the matter any further.

During and after these episodes, Johnson claims Robinson has contacted sawmills and financial lenders to interfere with his ability to make a living and provide for his kids.

Robinson denies contacting his lender, but admits calling sawmills through the course of a timber theft investigations. Robinson adds that Johnson remains under investigation and considers the tort claim a ruse.

"My theory is that he does these things in anticipation of trying to claim - every time he gets charged with something - that it's being done maliciously. It's almost like a preemptive strike, like, 'See, I told you they'd do it again,'" said Robinson.

Marshall points out it's not the first time Johnson has made wild allegations.

"He filed a tort claim against me saying I was going to dump him in the river a couple of years back," Marshall said, referring to Johnson's allegation that Marshall had threatened to have him killed at one point.

Johnson said the cumulative effect of the harassment has taken a toll on his three children, whom he says live in a constant state of fear of his arrest and their placement into protective custody.

Johnson suspects his ability to fend off prosecution and retain custody of his kids have factored into that alleged harassment. He also believes his own investigation into Robinson have touched a nerve.

"For some reason, the guy can't let go. There's several times that we've walked out of the courthouse and it should have been over with," said Johnson. "He's seen that he can't just get me thrown in jail like he wants to."