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Grant County successful in federal civil rights suit

by Cameron Probert<br
| October 2, 2009 9:00 PM

SPOKANE — Grant County’s insurance agency successfully defended the county against a civil rights lawsuit in U.S. District Court in Spokane.

A federal court jury decided Cheryl Marchand’s attorneys did not prove the county violated her right to due process, after she was removed from the 2005 Grant County Fair and later banned from future fairs. The verdict was returned after a two-day trial.

Marchand, a horse riding instructor, claimed she was training a student in 2005.

Marchand volunteered to stand at the gate at the games division of the equine events in the horse show pavilion, according to the complaint. As the event began, Marchand started closing the gate and accused 4-H horse council President Mary Lou Langley of blocking the gate and pushing Marchand back while making “a rude statement.”

In her complaint, Marchand admitted to using a “crude adjective,” leaving the building, then returning to “whispered her opinion on the matter in Langley’s ear and again left the building.”

Grant County Sheriff’s deputies went to the Marchand’s motorhome to tell her the fair board wanted her to leave the fairgrounds.

The Grant County Fair Board decided Marchand’s statements violated, the fair’s code of conduct for visitors, claiming Marchand used “foul, abusive and threatening language while verbally accosting Ms. Langley,” according to the county’s response. This led to her removal.

Marchand’s attorney argued the fair board did not provide Marchand notice, denying her the opportunity to respond to the complaint.

The fair board decided to ban Marchand from the Spring Fair and Home Show and the Grant County Fair in April 2006.

The board allowed her to appeal the decision and held a hearing in June 2006. They agreed to allow Marchand to attend future fairs if she signed an agreement, “promising that if any future problems arose she would forfeit her right to attend future fairs,” according to a summary judgment. Marchand claimed she didn’t receive the letter.

While Marchand originally claimed her First Amendment rights were violated and there was a false arrest, U.S. District Court Judge Robert Whaley ruled against Marchand on the claims before the case went to trial.

A jury heard the rest of the civil lawsuit and decided in favor of the defendant, Grant County.