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Townsend v. Basterrechea

United States District Court, D. Idaho

January 18, 2017

MATTHEW TOWNSEND Plaintiff,
v.
TRACY BASTERRECHEA, SHANNON TAYLOR and JOHN DOES I - X, Defendants.

          MEMORANDUM DECISION

          B. LYNN WINMILL CHIEF JUDGE

         INTRODUCTION

         The Court has before it a motion for summary judgment filed by defendants. The motion was argued on January 10, 2017, and the Court took the motion under advisement. For the reasons explained below, the Court will grant the motion.

         BACKGROUND FACTS

         Plaintiff Matthew Townsend was arrested on January 30, 2015, by Meridian City Police Officer Richard Brockbank for obstructing an officer. A pretrial hearing was set in Townsend's case for March 19, 2015. One day before that pretrial hearing, Townsend wrote and posted a message on his Facebook page. In that message, Townsend wrote:

Tomorrow, I go to pretrial at the Ada County Courthouse to claim that my charge of “resisting or obstructing” a supposed jaywalking investigation after Meridian Police Department - Idaho officer RICHARD BROCKBANK refused to charge me after I demanded that he charge me for the “crime” that he supposedly stopped me for, is terroristic in nature and in other ways unconstitutional and criminal. The cop refused to charge me for said “crime” that he was accusing me of and so I walked away … and was soon after kidnapped and hauled away by several costumed State goons for my disrespect of officer Brockbank's harassment towards me. I'm hoping that the REAL reason I was harassed to begin with will be released by the State rather than I … we shall see. If my case isn't dismissed tomorrow upon my request, I will begin a non- violent and legal shame campaign that will be remembered. HOA “upsets”, protests in the aggressors neighborhood (I know where you all live - this is notification of knowledge and future protests, not a threat), mailers, door hangers, online ads, local and (hopefully) national media - I've done it before and I can do it again as well as other peaceful, but … annoying avenues will commence.
The State has 3 options:
1. Drop the charges and leave me alone
2. Endure my non-violent retaliation (do you want to be the focus of my rage?)
3. Kill me and deal with those that know, love and care about me.
Make your choice.
#LiveFree#ThisisBoise

See Exhibit B (Dkt. No. 11-7). Along with this post, Townsend included a link to the Meridian Police Department Facebook page. He also linked the post to the individual Facebook pages of four relatives of Officer Brockbank: His mother, sister, son and daughter-in-law.

         Meridian City Police Deputy Chief Basterrechea, assigned Meridian Police Officer Shannon Taylor to investigate the post. Officer Taylor reviewed the statement and prepared a report, which ended by requesting that an arrest warrant ...


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