Federal judge dismisses Boise man’s wrongful arrest suit over confrontation after filming police officers

A judge sided with the City of Boise and two Boise Police Department officers to dismiss a $1 million lawsuit case from a Boise activist last month.

In June 2023, Ty Werenka, filed a civil suit in federal district court against the City of Boise alleging two Boise Police officers violated his rights with an unreasonable search and seizure, false arrest, malicious prosecution, and assaulted him after he was filming the officers while they were conducting work related to a car accident in the downtown Boise parking garage. Werenka’s suit also alleges his First Amendment rights were violated, the officers inflicted emotional distress, and he was defamed.

Judge Lynn Winmill dismissed the case against Corporal Norman “Denny” Carter and Officer Avery Westendorf in two pieces, jettisoning the first parts of Werenka’s case in January of 2024 and ending it entirely with a motion for summary judgment to avoid a trial on December 2. This dropped the suit the City of Boise, the two officers in their official and individual capacities…

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