Judge’s ruling ends suit against city of Palouse

Judge William Acey last Wednesday morning, Dec. 12, granted a motion to dismiss a $1.5 million damage suit which had been filed against the city of Palouse by David Mayhan, the father of the 16-year-old Palouse boy who was found dead under a former railroad bridge in Palouse Oct. 24, 2010.

The dismissal was sought in a motion for a summary judgment filed by Ephrata attorney Brian Christensen on behalf of the town and Police Chief Jerry Neumann. Judge Acey ruled David Mayhan failed to properly present a claim for damages to the City of Palouse which is required by law.

In making his ruling, Judge Acey said his heart went out the Mayhans, and he was sorry for the loss sustained by the family, but he ruled Mayhan had failed to follow the legal requirement of filing a claim with the city before filing a suit in court.

The judge also ruled Mayhan’s suit had failed to state a legal claim on which relief could be granted by the court.

“You stated a very good moral claim, but not a legal claim upon which relief could be granted,” the judge ruled.

Prior to making his ruling, the judge listed filings which had been submitted to the court by Mayhan. The judge described the papers at the hearing to inform Christensen that they had been presented to the court.

Mayhan’s suit contended Palouse Police failed to arrest a 21-year-old Palouse woman who had influence over his son. The suit alleged she violated the no contact order by going to the Mayhan residence before their son had completed a drug rehab treatment and later had a role in the boy’s disappearance and death on Oct. 11.

Mayhan Wednesday pointed out records he had filed with the court in which he had subsequently informed the City of Palouse of his intent to sue. Judge Acey, however, ruled stating intent to sue the city did not constitute filing a claim and giving notice as required by law.

Judge Acey earlier pointed out Mayhan still had the option of filing a claim with the city, but he would be unable to follow-up with a suit under the state’s three-year statute of limitation.