Ousted chief files suit

Former Columbia Falls Police Chief Dave Perry has filed a wrongful discharge lawsuit against the City of Columbia Falls, claiming city manager Susan Nicosia wanted to “get rid” of him.

Perry, 57, was fired July 1 after an inmate in the custody of the city escaped under Perry’s watch on May 12, resulting in a town-wide manhunt, including a helicopter search.

Perry came under criticism at the time for not notifying schools and parents, particularly since police thought the man may have returned to the scene of the crime, which was adjacent to Ruder Elementary School.

The suit lays out more details of what really happened in the escape.

On May 12, Christopher Calf Looking was arrested by Columbia Falls Police Officer Mike Johnson for alleged partner family member assault. A woman called 911 at 9:38 a.m. reporting that her boyfriend had punched her in the face after she told him to move out of her Wildcat Drive residence, police previously reported.

Wildcat Drive is immediately adjacent to Ruder Elementary School.

Calf Looking was arrested about noon and the holding cell in the Columbia Falls Police Department was malfunctioning due to electrical problems, so Johnson put Calf Looking in an unsecured shower stall while he awaited a bond hearing.

At about 2:30 p.m., Perry returned to the police station and relieved officer Johnson. Johnson told Perry that Calf Looking was awaiting transport to the Flathead County Jail.

Calf Looking began yelling loudly and Perry confronted him.

Calf Looking told Perry he thought he saw a brown recluse spider in the toilet and that his religious beliefs did not allow him to kill the spider.

Perry unlocked the door, ordered Looking to stand against a wall while Perry looked for the spider. Perry found no spider and walked out. Next, according to the suit, Perry saw the booking exit door closing and did not see Calf Looking.

Calf Looking escaped. Perry could not immediately notify the victim, because he couldn’t find Johnson’s paperwork on the arrest. Police dispatch reported that Calf Looking had returned to the residence near where he had been arrested. Johnson, Perry and Sgt. Sean Murphy went looking for Calf Looking and followed normal protocol, according to the suit.

Multiple agencies also began searching for Calf Looking, including the Two Bear Air helicopter.

Calf Looking was later apprehended by Border Patrol agents near the Flathead River, though charges of escape weren’t pursued by prosecutors, the suit claims.

In his suit, Perry claimed that Nicosia launched a formal investigation into the matter and that he should be terminated for a “lack of due diligence and sense of public duty.”

Perry claims the investigation into the escape was a way to “get rid” of him. He was offered to resign, but he refused, the suit claims.

The suit maintains that Perry, who had a positive performance review in 2012, should have been afforded a chance to correct his actions and his firing was “wrongful and not for good cause.”

He is seeking a jury trial, lost wages and benefits not to exceed four years from his firing, interest on those wages and benefits, attorney fees and other unspecified damages.

“The City of Columbia Falls is in receipt of former Chief of Police Perry’s lawsuit claiming that he was wrongfully discharged from his employment,” city attorney Stephanie Breck said. “Perry’s complaint has been turned over to the Montana Municipal Interlocal Authority, the municipal risk pool for cities and towns in Montana, and is awaiting assignment of defense counsel. The city stands by its decision to terminate Perry’s employment.”

Perry joined the police as an officer in 1990 and became chief Feb. 3, 1997.