RNWLG Obtains Malicious Prosecution Verdict
On March 17, 2026, a Yakima County Superior Court jury awarded Mark Peterson $480,000 in damages and found that the City of Yakima, including its agents former City Manager Tony O’Rourke and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. Attorneys Matt Crotty, Matt Mensik, and Mike Love tried the case.
In 2013, the City of Yakima was pushing a new “Downtown Master Plan” that include a new “Downtown Plaza.” The plan was controversial. Mark Peterson was visible and vocal opponent of the plan and plaza. Mr. Peterson organized opposition to the Master Plan vocally opposing the proposal directly to city officials.
On November 5, 2013, Mr. Peterson attended a presentation by City officials where he continued to oppose the plan. Later that afternoon, a fire inspector appeared at Mr. Peterson’s store and told him that he needed to completely remodel his basement showroom, despite have many years of clean fire inspections.
When the fire inspector returned in January 2014 for a “compliance reinspection,” Mr. Peterson was not present. His staff asked that the fire inspector make an appointment for the inspection. Instead, the City of Yakima charged Mr. Peterson with “denying a fire inspection,” even though Mr. Peterson was not present at the time of the attempted inspection.
The evidence showed that City officials, including former City Manager Tony O’Rourke, personally involved themselves in the municipal misdemeanor prosecution or Mr. Peterson and pushed for his prosecution. Many months later, the City of Yakima dismissed the prosecution admitted there was not probable cause for the charge.
In 2017, Mr. Peterson filed suit against the City of Yakima, and its agents, for malicious prosecution claiming that the charges were started and continued for improper purposes, specifically, his vocal opposition to the City’s plans.
The case involves two appearances before the Ninth Circuit Court of Appeals. The second Ninth Circuit argument happened following a one week federal jury trial that took place in August 2022 where the federal judge improperly instructed the jury on an element of the malicious prosecution claim. Attorney Casey Bruner successfully argued before the Ninth Circuit which allowed the case to be retried.
From March 9 through March 16, 2026, nine years later, Mr. Peterson finally received a fair trial, and his malicious prosecution was presented to a six-member jury. The next day, the jury found that the City of Yakima, including its agents former City Manager Tony O’Rourke and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. The jury award $4,000 in lost wages, $189,000 in lost business revenue, $12,000 in attorney’s fees defending the underlying criminal case, and $275,000 in emotional distress, pain, and suffering.
News on the verdict can be found here: https://www.yakimaherald.com/news/local/crime_and_courts/jury-finds-city-and-former-officials-liable-for-prosecuting-yakima-businessman-over-plaza/article_71e99242-11c4-4f26-88e9-78caf99e2859.html
For more information on RNWLG’s trial and appellate practice group, please contact Matt Crotty, Matt Mensik, Michael Love, or Casey Bruner.
