Dr. Walt Peschel, 66, was arrested for rebuffing police orders to leave the side of an armed suicidal woman he was trying to pacify. Peschel was tackled by an officer during the confrontation and hospitalized for three days after his arrest. He maintains that he was brutalized for merely doing his job as a physician.
Police say Peschel was profane during the encounter and exacerbated a dangerous situation by refusing to step aside. Peschel was charged with obstruction after the encounter, but he was acquitted of the misdemeanor charge at trial in February.
In addition to the Missoula City Police Department, the complaint also lists as defendants Police Chief Mark Muir, the Missoula County Detention Facility, Missoula County Sheriff's Department, and numerous individual officers.
The thrust of the complaint speaks to Peschel's belief that police mishandled the situation, and that the department's procedures for responding to suicidal people are outdated. He contends that a strong police presence aggravated the woman's condition. The woman killed herself after being released from treatment a few days after the incident.
“Dr. Peschel was thrust into this situation to help a human being, and he unfortunately became a victim,” Paoli said. “Now he hopes to resolve this issue and, in doing so, help other human beings.”
“(Police) tried to hold him accountable for criminal charges, and did not succeed,” Jasper said. “This is his opportunity to ensure that those who were responsible are held accountable for their actions.”
Muir said he could not comment on the issue personally because he is listed as a defendant in the lawsuit. He said counsel for the police department will submit a response to the complaint in the near future.
An internal investigation of the incident, conducted by a city police officer, cleared the department of any wrongdoing. At trial, Muir maintained that officers responded to the situation appropriately, as they are trained to do, and that simple compliance from Peschel would have avoided any problems.
Peschel's lawsuit lists nine claims for relief and seeks compensatory damages, as well as punitive damages, which a jury can award only if attorneys prove that the defendants acted negligently and with malice.
A preliminary pretrial conference is set for Sept. 18 in Missoula before U.S. Magistrate Judge Jeremiah Lynch.
Reporter Tristan Scott can be reached at 523-5264
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Kevin Tewey wrote on Oct 3, 2008 4:24 PM: