Bellingham police, city sued over alleged racial discrimination, civil rights violations

A Bellingham man and his transgender daughter are suing the city of Bellingham and four officers in the Bellingham Police Department for alleged false arrest, racial discrimination and violation of several civil rights.

Richard Young and Katherine Wren Katzenjammer filed a federal civil rights lawsuit July 10 in a U.S. District Court in Seattle, stemming from a June 2016 arrest at an apartment complex on Maplewood Avenue.

A city attorney said police acted appropriately and has asked for the charges to be dismissed.

Young and Katzenjammer argue police violated several of their civil rights, including violations of privacy, racial discrimination and economic loss, as well as caused emotional distress. They are seeking damages for each, according to the lawsuit.

Young and Katzenjammer also are asking that the city appoint a special manager to ensure the police department doesn’t engage in racial profiling, and create a civilian review board to oversee the department, among other demands.

According to the lawsuit, Young, 66, co-signed a lease in 2016 for a two-bedroom apartment in the 2600 block of West Maplewood Avenue and allowed a longtime female acquaintance to move in with him.

However, the woman signed the lease under a fake name and allegedly started a campaign to kick Young out of his bedroom so that her daughter and a friend could move in, records state.

Eventually, Young was forced from his room and slept on a couch in the living room.

On June 2, 2016, Young invited his daughter, Katzenjammer, over and they sat in the living room, talking and drinking. A sexual assault complaint was filed against Young and Katzenjammer that night, which their attorney Larry Hildes argues was fictitious, and Bellingham police showed up.

Young and Katzenjammer allege two officers came into the apartment while they were disoriented and began yelling at them. The pair also allege the officers began to assault them, according to the lawsuit.

The officers said Young allegedly lunged at them, and they responded by using a Taser on Young once and Katzenjammer twice.

Young has kidney disease, requires dialysis three times a week and can barely walk, records state. Katzenjammer had a pulmonary embolism, which the shock from the Tasers could have caused to break loose and go to her brain, which could have killed her, the lawsuit states.

Young and Katzenjammer allege the officers dragged them out of the apartment. Young was put into a police car, only to later be pulled out while he was semi-conscious so officers could take pictures of the Taser darts and wounds, which they did without his permission or knowledge, the lawsuit alleges.

Paramedics arrived and sedated Katzenjammer before taking her to the hospital. During the ambulance ride, officers uncovered Katzenjammer’s body while she was unconscious to take photos for evidence of four puncture wounds from the Taser darts and a bruise inflicted by the officers, the lawsuit said.

Katzenjammer was in the process of gender confirmation and found the violation of privacy “to be extremely offensive,” the lawsuit states.

Katzenjammer was charged in Bellingham Municipal Court with resisting arrest, fourth-degree assault with sexual motivation and obstructing law enforcement. The charges were dismissed approximately seven months later, records show.

Young was charged in Whatcom County Superior Court with third-degree assault. He received a deferred prosecution agreement, which means if he hasn’t had any further criminal history or pending cases, his charge will be dismissed on Oct. 12, records state.

Hildes argues in the lawsuit that the officers used excessive force and the arrests were racially motivated, as both Young and Katzenjammer belong to a First Nation tribe in Canada.

As a result of the criminal matters, both Young and Katzenjammer were evicted from their respective homes and were homeless for a time, according to court records.

Young and Katzenjammer filed civil claims for damages against the city on May 11, but the city rejected the claims by letter on June 25.

The officers and city officials deny any violations of Young or Katzenjammer’s civil rights, according to a response to the lawsuit filed Sept. 11 by assistant city attorney Shane Brady. He has asked for the lawsuit to be dismissed.

Brady argues the officers acted appropriately and did not violate the Constitution or state laws when arresting Young and Katzenjammer.

Brady argues the officers have qualified immunity on all of the state and federal claims, and that they “acted in good faith, without malice, with probable cause, and within their lawful authority,” records state.

“Like all of our incidents that involve a response to threats, this incident was reviewed at multiple levels to determine if the officers acted within the scope of their duties, and in accordance with Departmental Policy, State and Federal Laws. I have reviewed this incident and I stand by the lawful conduct of our responding officers,” Bellingham Police Chief David Doll said in a prepared statement.

Bellingham Mayor Kelli Linville declined to comment on the pending litigation.

Both parties demand a jury trial, but a date has not been set yet.