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A Washington county has asked a federal judge to dismiss a lawsuit brought by a former state judge who claims sheriff’s deputies unlawfully stopped and arrested him on suspicion of driving under the influence, arguing officers had probable cause based on his behavior and the presence of an open container of alcohol in his vehicle.

Grays Harbor County said in a motion for summary judgment filed Wednesday in Tacoma federal court that deputies were justified in detaining former Grays Harbor County Superior Court Judge David Mistachkin after observing signs of intoxication during a roadside encounter in February 2024.

According to the county, Mistachkin was seated in the driver’s seat of his truck with the engine running along a rural highway when a deputy approached. The deputy observed that Mistachkin’s speech was slurred and repetitive, his eyes appeared bloodshot and watery, and he admitted to having consumed alcohol earlier that evening. The county said Mistachkin declined to perform a field sobriety test.

After a second deputy arrived and Mistachkin was placed in handcuffs, officers noticed an open alcoholic beverage container, described as a can of hard cider, in the open driver’s side door of the vehicle, the county said.

“The totality of circumstances observed by the deputies easily passes the low threshold that there was a fair probability that Mistachkin was either under the influence or affected by intoxicating liquor,” the county argued, asserting that the officers acted lawfully in taking him to jail for a breath test.

Mistachkin filed suit in October against the county and deputies Dylan Spencer and Jeff Barbo, alleging violations of his constitutional rights. He also claims publicity surrounding the arrest contributed to his loss in a subsequent reelection bid against a deputy prosecuting attorney in the county.

In a separate motion for partial summary judgment filed the same day, Mistachkin asked the court to rule that the deputies unlawfully seized and arrested him without probable cause.

He contends the deputies arrested him “without any observations of impairment or intoxication whatsoever” and that the county’s reliance on post hoc justifications does not establish lawful grounds for arrest.

Mistachkin argues Deputy Spencer took his driver’s license roughly 40 seconds after making contact, citing only bloodshot and watery eyes at that point. He also disputes the significance of refusing a voluntary field sobriety test, asserting that refusal cannot be treated as evidence of intoxication.

A breath test administered after his arrest showed a blood alcohol content of 0.017%, well below Washington’s legal limit of 0.08%, Mistachkin says. He further alleges Spencer initially misread the result as 0.17% and attempted to issue a DUI citation.

“This mistake simply underscored Dep. Spencer’s biased and predetermined mindset and the carelessness with which he approached this entire incident,” Mistachkin argued.

Mistachkin also maintains that he told deputies he had pulled over because he was emotional and needed a moment alone, explaining he had been crying. He claims deputies only alleged smelling alcohol after confirming his judicial position.

“The deputies arrested Mr. Mistachkin to find out whether they had probable cause to arrest him in the first place,” his filing states, calling the arrest a violation of the Fourth Amendment.

Counsel for Mistachkin did not respond to a request for comment Thursday. Attorneys for the county and deputies declined to comment.

Mistachkin is represented by Joe Shaeffer of MacDonald Hoague & Bayless.
The defendants are represented by Daniel G. Lloyd of Lighthouse Law Group PLLC and Georgia A. Stearns of the Grays Harbor Prosecutor’s Office.

The case is Mistachkin v. Spencer et al., case number 3:25-cv-05902, in the U.S. District Court for the Western District of Washington.