Jury says Burgert's rights not violated

A federal jury Thursday in Missoula found no merit in David Burgert's lawsuit against the city of Kalispell and others.

The six-member panel found in favor of the defendants on 11 civil-rights violations that Burgert said were inflicted on him.

"The jury will never know much we appreciate the fact that they acknowledged the need for police officers to protect themselves."

Burgert's trial began Monday with his request for $7 million in damages he said is owed him by the Kalispell Police Department and the city of Kalispell, Flathead County Sheriff's Office deputy Tom Snyder, and Missoula County officials and jail employees.

On Wednesday, U.S. District Judge Donald Molloy dismissed the allegation that Snyder filed a false report about Burgert.

Jurors still had to decide whether Kalispell officer Kevin McCarvel used excessive force by pepper-spraying Burgert during a 2001 arrest for obstructing an officer and resisting arrest. The action against the city and police Chief Frank Garner alleged they violated their duties by not banning excessive force.

Burgert also sued Missoula officials, claiming he was injured by them while was a prisoner in the jail.

Burgert acted as his own attorney, exacting patience from Molloy who counseled him on how to make acceptable motions and present his case.

"The judge went out of his way in this case to try to be fair," Garner said.

Burgert is serving a federal prison sentence for possessing illegal machine guns, which he and other members of a paramilitary group called Project 7 used to train in Northwest Montana.

He was quoted by the wife of one of the members as saying that all law-enforcement officers should be killed, "even their wives and children."

He has been diagnosed as having a paranoia disorder, according to court records.

He and police clashed over the years until Burgert was arrested in February 2002 after an overnight armed standoff with local SWAT teams. The standoff ended when he threatened to kill himself and was taken into custody.

He admitted in court that he has made comments such as the one to Snyder that if the deputy entered his house without a warrant, "You will die."

He presented himself in court as a victim of police brutality.

The jury began deliberating at about 10:30 a.m. Thursday and returned their verdicts at about 3 p.m.

Burgert said he plans to appeal, Garner said.