Woman files tort claim against county

A tort claim was filed last week with Clearwater County by Gena Johnson claiming damages from an incident Oct. 2, 2004 involving a Clearwater County Sheriffs Department deputy.

Sheriff Alan Hengen was not available for comment. Further attempts will be made Thursday.

According to the complaint, Deputy Anne Kelleher drove up the driveway of the next door neighbor's and Johnson's springer spaniel, Riff, chased the vehicle. It was later shown at trial that the driveway was a part of Johnson's property, so the dog never left the claimant's property.

After Kelleher finished at the neighbor's house, she came to Johnson's home. The deputy knocked on the door and Johnson answered it with a cordless phone in her hand. Johnson claims that even though the deputy knew her name, she asked for her name and Johnson refused to tell her. The two women then "engaged in further conversations" regarding Riff. Kelleher again asked Johnson to provide her name. The tort claim alleges that Kelleher was screaming at Johnson and the claimant was trying to get her to calm down, but refused to give her name She told the deputy to leave her property. Johnson began to walk back toward her home, but Kelleher blocked her path and told her if she continued to refuse to give her name, she would be arrested. Johnson was still trying to get the officer to calm down and when Kelleher refused, she called 9-1-1 and requested that another officer respond. The claim says that the dispatcher told Johnson to do as the deputy said and hung up.

As soon as Johnson hung up with the dispatcher, Kelleher told her she was under arrest. Johnson backed away from her and the deputy shot her with a Taser in her left hand and front abdominal area. Johnson tried to remove the probes and Kelleher activated the Taser gun for a full five seconds, the claim says.

Johnson fell to her knees on the ground in the front yard. The claim continues that Kelleher pushed Johnson to the ground and put her knee in her back and tased her in the back and held the taser there until another officer arrived. Deputy Katie Rivera arrived and handcuffed Johnson. The two deputies "dragged" Johnson to Rivera's car. Johnson's two daughters, 8 and 10 years old, witnessed the confrontation, multiple tasings and arrest. The claim also states that the deputies did allow Johnson to call her parents to take care of the girls but did not wait until they arrived, but left the two girls alone after witnessing the incident, the claim continues.

The claim states that an audio tape made by Rivera has Kelleher stating in response to a complaint by Johnson, "If you'd just given me your name I would have cited you for dog at large. And I would have been out of here, and you would have been out of here."

After being incarcerated, Johnson was taken to Clearwater Valley Hospital to receive medical treatment for her injuries allegedly inflicted by Kelleher and Rivera. Later Johnson's father posted a $300 bond to have her released from jail. Kelleher charged Johnson with dog at large and obstructing an officer. After a trial Jan. 25, Johnson was acquitted on the dog at large charge and the prosecutor dismissed the obstructing charge.

The claim states, "Ms. Johnson was wrongly and illegally arrested without probable cause, subjected to unreasonable force, shot twice and shocked three times with a Taser gun, illegally searched and wrongfully imprisoned." Johnson is claiming lost wages and incurring legal and medical expenses. She was "embarrassed, humiliated, and suffered loss of enjoyment of life and emotional distress and significant bodily pain and injury, all to her damage in the amount of $500,000." In addition, the claim states that Johnson's daughters, as a result of witnessing the incident, suffered severe emotional distress, loss of enjoyment of life and other general damages, all to their general damage in the amount of $25,000 each.

Johnson is being represented by Attorney Robert J. Kwate, Lewiston.