Flathead County Faces Federal Civil Rights Lawsuit Over Dismissed Trespass Case

KALISPELL — A Flathead County resident has filed a federal civil rights lawsuit seeking $50 million in damages after being criminally charged with trespass on property he owned, according to court documents filed June 13 in U.S. District Court. The lawsuit was first reported by NorthWest Liberty News.

Dennis Thornton, a shareholder and officer of Thorco Inc., alleges that Flathead County Attorney Travis Ahner and several deputy county attorneys pursued criminal trespass charges against him despite public records confirming his property ownership. The criminal case was later dismissed following an internal investigation by the prosecutor’s office.

“The prosecution occurred and continued despite the existence of a recorded Reconveyance/Satisfaction of Mortgage and other internal County records confirming Plaintiff’s continuing ownership at all times relevant,” the lawsuit states.

According to the complaint, the trespass charge was filed against the recommendation of Sheriff Brian Heino, who had advised against pursuing the case. The lawsuit names Flathead County, County Attorney Travis Ahner, and deputy county attorneys Ashley Frechette, Michael Noonan, and Angela Roland as defendants.

The case stems from a criminal trespass charge filed under cause number CR-22-61. Court documents indicate that county officials “knowingly submitted and relied on false certifications and legal claims asserting that Plaintiff did not own the property” despite clear evidence to the contrary.

Thornton’s lawsuit alleges multiple constitutional violations, including:

• Malicious prosecution under 42 U.S.C. § 1983
• Denial of due process
• Deprivation of property without just cause
• Conspiracy to interfere with civil rights
• Use of false official certifications in violation of federal law

The complaint cites the U.S. Supreme Court’s decision in Thompson v. Clark, which established that plaintiffs asserting malicious prosecution claims need only show that prosecution ended without a conviction, not necessarily “with affirmative indications of innocence.”

“Government defendants, including Travis Ahner and agents of Flathead County, knowingly submitted and relied on false certifications and legal claims asserting that Plaintiff did not own the property, in violation of 18 U.S.C. § 1018,” the lawsuit alleges.

The lawsuit seeks compensatory damages of $50 million for financial loss, emotional distress, and reputational harm, plus punitive damages and attorney’s fees. Thornton also requests a permanent injunction against further retaliatory prosecution and a declaratory judgment that the prosecution violated his constitutional rights.

Michael Noonan, one of the named defendants who was a deputy county attorney during the relevant time period, now serves as Assistant Attorney General with the Montana Department of Justice.

The case highlights potential issues with prosecutorial decision-making when property ownership disputes intersect with criminal law enforcement. Under federal civil rights law, counties can be held liable for constitutional violations if they result from official policies, practices, or customs.

Thornton is representing himself in the federal lawsuit and has demanded a jury trial on all issues. The case is assigned to the U.S. District Court for the District of Montana, Missoula Division.

Flathead County officials did not immediately respond to requests for comment on the lawsuit’s allegations.