Mock Trial Charges/Claims

Criminal Trespass in the Second Degree

Criminal charge against Justice Pepper under RCW 9A.52.080. Allegedly knowingly entering or remaining unlawfully on another's premises.

Obstructing a Law Enforcement Officer

Criminal charge against Justice Pepper under RCW 9A.76.020. Allegedly willfully hindering, delaying, or obstructing an officer performing official duties.

Were criminal charges ultimately filed against Pepper?

No. City Attorney Chris Amanpour declined to file either charge on June 22, 2026, and Pepper was released.

First Civil Claim

False Arrest under Washington State law. A STATE claim.

Second Civil Claim

Unreasonable Seizure and False Arrest under the Fourth Amendment through 42 U.S.C. § 1983. A FEDERAL claim.

Third Civil Claim

First Amendment Retaliatory Arrest and Interference with Constitutionally Protected Newsgathering through 42 U.S.C. § 1983. A FEDERAL claim.

Who is the plaintiff?

Justice Pepper, investigative journalist and creator of The Pepper Trail.

Who is the defendant City?

City of Harper's Walk, a Washington municipal corporation.

Who is Defendant Payton Ethel?

Police officer who arrested and booked Justice Pepper.

Who is Defendant KG Watergate?

Elected Mayor of Harper's Walk who contacted Chief Horn after learning Pepper was at City Hall.

Who is Defendant M. Gell Horn?

Chief of the Harper's Walk Police Department who dispatched Ethel and spoke with Ethel during the encounter.

Who is the First Claim brought against?

Ethel, Watergate, Horn, and the City of Harper's Walk.

Who is the Second Claim brought against?

Ethel, Watergate, Horn, and the City of Harper's Walk.

Who is the Third Claim brought against?

Ethel, Watergate, Horn, and the City of Harper's Walk.

What is the legal basis for the First Claim?

Washington State false arrest law. Intentionally restraining someone's liberty without legal authority.

What is the legal basis for the Second Claim?

Fourth Amendment protection against unreasonable seizures, including arrests without probable cause.

What is the legal basis for the Third Claim?

First Amendment protection of freedom of the press and newsgathering, including protection against government retaliation.

What is 42 U.S.C. § 1983?

Federal civil-rights statute allowing a person to sue government officials or entities for deprivation of federal constitutional rights under color of state law.

What is municipal liability under § 1983 in this case?

The City's alleged liability because Chief Horn possessed final policymaking authority and allegedly caused the constitutional violations.

What is the City's liability under Washington false arrest law?

Vicarious liability. If Ethel is liable for false arrest while acting within the scope of employment, the City is also liable.

What is qualified immunity?

A defense raised by Ethel arguing that Ethel should not be held individually liable under § 1983 because no clearly established federal law was violated.