Legal action now targets prosecutors

Budget Finance has added prosecutors to the list of people it is suing for the handling of convicted sex offender Dick Dasen, a former owner of the Kalispell business.

In February, Kalispell attorney James Bartlett filed a federal complaint against the city of Kalispell, police Chief Frank Garner, six police officers and other unnamed people. It claims that they violated the business's civil rights in a search there in 2004.

On May 15, the claim was amended to include Flathead County, Flathead County Attorney Ed Corrigan and Deputy County Attorney Dan Guzynski.

Dasen was convicted at trial of a number of sex crimes. The trial included information gathered in February 2004 at the Budget Finance office. A search warrant first used to seize evidence was deemed to be defective. A second warrant was used to re-obtain computers, files and other evidence taken during the first search.

The lawsuit, filed in U.S. District Court in Missoula last week, alleges that officials violated the business's rights to privacy, to be secure against unreasonable searches and seizures, to due

process of law and to equal protection of the law as defined under the U.S. and Montana constitutions.

The lawsuit asks for a total of at least $4.5 million in damages, including at least $750,000 for the alleged violations, plus at least $750,000 for each alleged act of negligence, negligent supervision, negligent training, outrageous conduct and trespass.

Corrigan said the action is "another example of Dasen and Budget Finance looking at trying to find someone else to blame for Dasen's behavior," including mismanagement of Budget Finance funds.

Dasen wrote checks from the business to women with whom he had sex.

At a bond hearing, he said he paid back $7 million to the business after selling his Big Mountain stock.

"It is clear to everybody there was wrongdoing on his part. People were being hurt who trusted him."

Corrigan said the Budget Finance claim is without merit. He said he still is baffled that people associated with the business "didn't feel it was their obligation to cooperate with the investigation" in Dasen's activities.

The suit alleges that when they served the search warrant, police officers would not allow people at the business to watch the search. Further, it accuses judges and prosecutors of judge-shopping and having two warrants for the same items.

Deputy Flathead County Attorney John Smith said he believes Corrigan and Guzynski have prosecutorial immunity for their case.

"The insurance company will ferret that out," Smith said.

The county is represented by attorneys for the Montana Association of Counties.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com.