Update, Jan. 13, 2021: Federal court records show a judge dismissed this lawsuit last month, citing an agreement of the parties. The lawsuit cannot be renewed. County officials and the county’s insurance provider said the dismissal did not stem from a settlement and they reported no records of any settlement terms or payments to the plaintiff.
A newly filed lawsuit against Whitman County contends officials violated a woman’s civil rights when the elected county clerk allegedly misused her authority by signing an arrest warrant in 2018.
Jacqueline Miller filed the claim July 17 against the county and County Clerk Jill Whelchel, alleging false arrest and other violations of her Constitutional rights. Read the entire seven-page complaint here.
“Whelchel … acted unlawfully and without legal authority in issuing an arrest warrant for Jacqueline Miller,” the claim states. “As a result of the false arrest and false imprisonment, [Miller] suffered damages including emotional and physical.”
The lawsuit alleges county officials failed to adhere to RCW 10.88.320 on its arrest warrant, which states a “judge or magistrate shall issue a warrant.” The lawsuit also alleges negligence and violations of Miller’s Fourth and 14th Amendment rights.
County Prosecutor Denis Tracy noted Superior Court rules that state the court “may order the clerk to issue a bench warrant” if a defendant is not present. Other court rules also indicate arrest warrants “shall be signed by the clerk with the title of the office.”
“I believe the clerk’s actions were proper,” Tracy wrote in an email.
The lawsuit states the arrest warrant was issued against Miller for allegedly failing to pay fines of an undisclosed nature. A deputy served the warrant on about May 9, 2018 and booked her into jail.
Miller later appeared before a judge and was released, the lawsuit states.
“The defendants failed to properly investigate the allegations against Jacqueline Miller,” the lawsuit states, “causing [Miller] to be falsely arrested, injuring her and causing damages”
The lawsuit alleges the county acted negligently by providing inadequate training and supervision on the clerk’s legal authority. The claim also holds the county responsible for the clerk’s actions.
Miller’s attorney did not return a request for comment.
The lawsuit seeks monetary damages for medical expenses, pain and suffering, loss of earnings, legal fees and other costs. The court did not list any pending hearing dates at this point.