City, former police chief settle lawsuit

The city of Columbia Falls and former police Chief Dave Perry have settled out of court in Perry’s wrongful termination lawsuit. Perry said the two reached a settlement during mediation on May 26. Flathead County District Court Judge Dan Wilson, in turn, dismissed the case on June 8 when the settlement was finalized.

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

He said he’s now able to retire.

“They made me whole. I got everything I would have if I retired,” he said.

He said he could not discuss the terms, saying there was a confidentiality clause in the settlement.

City manager Susan Nicosia could not be immediately reached for comment.

Perry was fired July 1, 2016 after a 25-plus-year career with the police department. His termination occurred after an inmate escaped from the department under his watch.

On May 12, 2016, Christopher Calf Looking, 36, of East Glacier was arrested on Wildcat Drive for assaulting his girlfriend. The holding cell at the Columbia Falls Police Department was experiencing electrical problems, so the arresting officer put Calf Looking in a shower stall.

At about 2:30 p.m., Perry relieved the arresting officer, only to have Calf Looking start yelling loudly, saying he saw a brown recluse spider in the toilet and that his religious beliefs did not allow him to kill the spider.

Perry unlocked the door and ordered the suspect to stand against a wall while he looked for the spider. Finding none, Perry walked out to see the exit door closing, with no sign of Calf Looking.

A manhunt ensued.

The Columbia Falls police, Flathead County Sheriff’s deputies, U.S. Border Patrol, Montana Highway Patrol, and the Two Bear Air rescue helicopter chased Calf Looking for more than an hour before he was apprehended by the border patrol near the Flathead River.

At the time, Perry came under intense criticism for not notifying schools and parents of Calf Looking’s escape, particularly since police thought the man might have returned to the scene of the crime on Wildcat Drive, which is adjacent to Ruder Elementary School.

But Perry maintained he had a positive performance review in 2012, should have been afforded a chance to correct his actions and his firing was “wrongful and not for good cause.”

In the suit, he was seeking lost wages and benefits not to exceed four years from his firing, interest on those wages and benefits, attorney fees and other unspecified damages.