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Perry, Columbia Falls settle unlawful discharge suit for $30,000

by CHRIS PETERSON
Editor | June 19, 2017 5:00 PM

The city of Columbia Falls and former Police Chief Dave Perry have settled out of court in Perry’s wrongful termination lawsuit.

The two reached a settlement during court-ordered mediation on May 26 for $30,000. Flathead County District Court Judge Dan Wilson, in turn, dismissed the case with prejudice on June 8 when the settlement was finalized with the court.

“I’m satisfied with the settlement,” Perry, 57, said June 13.

He said he’s now able to retire.

“They made me whole. I got everything I would have if I retired,” he claimed at the time.

When a case is dismissed with prejudice, the court has made a final determination on the merits of the case and the plaintiff is forbidden from filing another lawsuit based on the same grounds.

City manager Susan Nicosia declined to comment on the settlement, though city attorney Justin Breck noted the settlement was far less than what Perry was seeking.

The settlement requires that each party pay for its own attorney fees. It also releases the city from all claims by Perry.

Perry claimed he was unlawfully discharged last year after an inmate escaped from the Columbia Falls City jail. A manhunt ensued and the man, who had been incarcerated for punching his girlfriend in the face, was found near the Flathead River by U.S. Border Patrol agents.

The city released the terms of the settlement after the Hungry Horse News filed formal request for the documents.