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SALT LAKE CITY — A southern Utah couple who sued the Hurricane Police Department three years ago accusing them of using excessive force has now filed a second lawsuit against the city for alleged malicious prosecution.
Vincent and Danyale Blackmore, along with their attorney Robert Sykes, filed the lawsuit in federal court Wednesday and held a press conference on Thursday, alleging the city — including its police department and mayor — engaged in malicious prosecution against Danyale Blackmore, violated the couple's First Amendment rights to free speech, abused the legal process and engaged in conspiracy against the Blackmores.
The series of events began on Jan. 6, 2020, at the My Place Hotel, 1167 W. 80 South in Hurricane, which is owned by the Blackmores. A hotel guest called 911, claiming he forgot his room key inside his room and was locked out of the building. He was able to reenter by kicking in and damaging the hotel's sliding front door.
After police and the man entered the hotel, they were met by Danyale Blackmore, who immediately said, "I want him out," referring to the man who had lost his key. As the officer attempted to move Blackmore away from the man, a confrontation ensued and she was soon handcuffed and arrested. The incident was recorded on the officer's body camera.
Blackmore was charged in Hurricane Justice Court with interfering with an officer, a class B misdemeanor, and disorderly conduct, an infraction.
In March of 2021, the Blackmores filed a lawsuit against the Hurricane Police Department and the officers involved in the arrest. In June, most of the allegations in the lawsuit against the police department were dismissed by a federal judge; Sykes said he is appealing that decision. The claim of Danyale Blackmore that she was strip-searched illegally following her arrest is ongoing.
In January, a jury found Danyale Blackmore not guilty on both of her criminal charges. Because of her acquittal, the Blackmores are now filing a wrongful prosecution lawsuit.
"I feel there has to be some restitution," a tearful Danyale Blackmore said Thursday when asked why she filed a second lawsuit. "We paid so much to our lawyers and the cost of every bit of this — the traveling, the hotels — it's been crazy. And all I want is restitution for it. I want, somehow, some way to get our money back so my husband can be where we were when all this started.
"I just feel like it's been a long four years of trying to get this out, trying to get things resolved so my husband doesn't have to fight this anymore for me and my family and my kids don't have to worry about it anymore," Blackmore said. "It continues without any resolution or justification as to why (police) really did it. ... It's just been a horrible, awful mistake that never should have happened."
Vincent Blackmore says attorney fees and other legal costs over the past four years are now over the $2 million mark.
The Blackmores also believe that Danyale's criminal case would have been resolved immediately if not for a lawsuit the Blackmores had filed against the city prior to her arrest regarding a power pole in a subdivision they had developed. Vincent Blackmore says the city wanted him to pay to have a wooden power pole replaced with a metal pole. He refused and later sued the city.
According to Blackmore, the city was well aware of the lawsuit at the time of his wife's arrest and believes it played a role in her drawn-out criminal case. That is why, in their new lawsuit, the Blackmores say their First Amendment rights were violated.
Hurricane officials did not immediately respond to KSL.com's request on Thursday for comment.
