KIRO 7 first reported Tuesday that former Grays Harbor County Superior Court Judge David Mistachkin “has filed a federal lawsuit accusing sheriff’s deputies of unlawfully arresting him for driving under the influence despite a breath test showing his blood alcohol level was far below the legal limit.”
According to the complaint filed on Tuesday, Oct. 7 in U.S. District Court for the Western District of Washington, Mistachkin alleges that Grays Harbor County Sheriff deputies Dylan Spencer and Jeff Barbo, along with Chief Criminal Deputy Jason Wecker, violated his Fourth Amendment rights by detaining and arresting him without probable cause. The lawsuit also names Grays Harbor County as a defendant.
The lawsuit pertains to an incident that occurred on Feb. 12, 2024, when Mistachkin was arrested for driving under the influence. According to KIRO 7’s reporting, “Mistachkin was handcuffed, read his rights, and taken to jail, where a State Trooper-administered breath test showed a blood alcohol level of 0.017, well below Washington’s legal limit of 0.08.”
Mistachkin lost his bid for re-election in 2024 to Steven G. Jackson, who now serves as a Grays Harbor County Superior Court judge.
Chief Magistrate Judge Theresa L. Fricke is listed as the presiding judge for the case.
