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, 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 Master Plan and Plaza. Mr. Peterson organized opposition to the Master Plan vocally opposed the proposal directly to city officials.

On November 5, 2013, Mr. Peterson attended a presentation by City officials where he continued to oppose the Master Plan. Later that afternoon, a fire inspector appeared at Mr. Peterson’s store, H&H Furniture, and told a store employee there was a problem with the ceiling in the basement showroom. On November 19, 2013, the inspector delivered a letter to Mr. Peterson, which Mr. Peterson alleges demanded that H&H Furniture had until January 31, 20214 (73 days) to complete an expensive replacement of the basement ceiling, which was over 6,000 square feet. 

When the fire inspector returned on January 31, 2014 for a “compliance reinspection,” Mr. Peterson was not present at H&H Furniture. 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.

Mr. Peterson alleges that 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. Years later, the City also dropped the requirement that Mr. Peterson conduct expensive work on the basement ceiling.

In 2017, Mr. Peterson filed suit against the City of Yakima, and its agents, for malicious prosecution, claiming that the charges were initiated for an improper purposes, specifically, suppressing 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 was finally allowed to try his case based upon a correct recitation of the law on his malicious prosecution claim. The case 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.

Waite v. Gonzaga University

2:17-cv-00416-SAB (E.D. Wash. 2019)

Represented Gonzaga University in federal and state law discrimination, hostile work environment, and retaliation lawsuit that sought $5,000,000 in damages. Obtained complete defense verdict following week long jury trial.

Zhu v. North Central ESD

171, 2:15-cv-183-JLQ (E.D. Wash. 2016)

Obtained $450,000 jury verdict in retaliatory failure to hire lawsuit and obtained summary judgment adjudication that the defendant violated Washington’s Public Record Act by wrongfully withholding documents.

Hanson v. Kitsap County

21 F.Supp.3d 1124 (W.D. Wn. 2014)

Obtained jury verdict and $583,853 judgment which found that Kitsap County willfully violated the client’s rights under USERRA and obtained summary judgment adjudication, in favor of plaintiff, on a USERRA, 38 U.S.C. § 4318, pension claim – the first known result regarding such a claim in the USERRA’s history.