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Local man files tort claim against sheriff's department

by EMILY BONSANT
Staff Writer | April 6, 2023 1:00 AM

BONNERS FERRY — A Boundary County man is seeking $550,000 in damages against the Boundary County Sheriff’s Office, claiming his constitutional rights were violated.

A tort claim filing that alleges civil wrongdoing that caused loss or harm from an action. Tort claims allow the opportunity for cases to be settled out of court before a suit is filed.

Mark Anthony Moseley, of Copeland, filed a tort claim against BCSO on March 22, claiming BCSO violated his constitutional rights because the office filed false charges against him, including malicious prosecution, and defamation; failed to train its deputies, wrongful retention and jeopardized his ability to acquire security clearance required for his career.

Moseley, who is the Boundary County precinct committeeman for Copeland, is a network operations engineer with the Defense Information Systems Agency.

The tort claim stems from a dispute Moseley had with a former tenant. Moseley claims the tenant was stealing from him and was no longer allowed on the property, but that the man needed to move his shipping container.

On Nov. 9 2022, Moseley claims that law enforcement officials accused him of felony theft due to hindering the tenant from accessing the property to remove his shipping container. Moseley said he was working with the tenant to have the container removed and invoked his Fifth Amendment right to silence when interacting with law enforcement.

Moseley said on Dec. 9, 2022, he received notice to appear in court and that he had been charged with felony theft. He reached out to officials at BCSO and the prosecutor’s office.

“I eventually notified the prosecutor that they need to reevaluate the evidence, or I would be filing a civil rights lawsuit against the county,” he wrote in the tort claim.

On Dec. 15, 2022, he received notice that the case had been dismissed. Prosecution wrote that the alleged victim in the case had dropped the charges, he wrote.

Moseley claims a BCSO deputy lied on his reports, claiming Moseley was not going to give his tenant back his property. Moseley wrote that the “Moseley phone system” auto generates transcripts of all calls using artificial intelligence.

On Dec. 21, 2022, Moseley filed an official complaint regarding the incident.

Moseley seeks damages for, harm to reputation in the community and to retain security clearance in his career, emotional distress, fear and economic loss.

Moseley is seeking $550,000 in restitution. He wrote that if a settlement cannot be reached, he will be focused to pursue legal action to recover the full amount of damages.