A Port Townsend man is suing the City of Port Townsend and one of its police officers, alleging the officer illegally entered his home without a warrant and arrested him following a traffic stop that later led to a dismissed DUI case.
In his lawsuit filed Tuesday in Tacoma federal court, Jacobb Markel alleges Port Townsend Police Officer Patrick Fudally violated his constitutional rights. He’s seeking damages, attorney’s fees, and punitive damages.
According to the complaint, the incident began on Nov. 7, 2023, when Fudally believed Markel had committed minor traffic infractions and activated his emergency lights.
Markel drove less than two blocks before turning into the driveway of his home on Sheridan Street.
“Plaintiff did not knowingly evade law enforcement and did not intentionally flee,” the lawsuit states.
The complaint alleges that, rather than waiting for backup or obtaining a warrant, Fudally “forcibly entered Plaintiff’s home through the rear door.”
The lawsuit says the forced entry damaged the door and that the officer moved through the residence before arresting Markel in front of his wife and teenage son.
The lawsuit further alleges that Markel’s teenage son “was frightened and alarmed by the intrusion.”
DUI Case Was Later Dismissed
Markel was subsequently charged with DUI. The lawsuit says his driver’s license was revoked and he incurred costs associated with an ignition interlock device, SR-22 insurance requirements, and transportation losses.
The lawsuit alleges the arrest caused “emotional distress, humiliation, economic losses, and invasion of privacy.”
According to the complaint, the City of Port Townsend dismissed the DUI case with prejudice on Dec. 3, 2025, after Markel challenged the legality of the officer’s entry into his home and his arrest.
Allegations Against City
In addition to claims against Fudally, the lawsuit accuses the city of failing to adequately supervise, discipline, retrain or remove the officer despite allegedly having notice of prior complaints and civil litigation involving him.
The lawsuit also alleges the city maintained policies or practices that allowed unconstitutional searches to occur and failed to properly train officers on conducting constitutional searches.
Among the claims asserted in the suit are unlawful entry, unreasonable search and seizure, false arrest, false imprisonment, trespass, invasion of privacy, emotional distress and negligence.
The complaint argues that “warrantless entry into a private residence is presumptively unreasonable absent a valid exception” and states that “hot pursuit” alone does not justify entering a home for minor traffic offenses.
Markel is seeking economic and non-economic damages, compensatory damages under federal civil rights law, punitive damages against Fudally and attorney’s fees and costs.
Puget Press has reached out to the Port Townsend Police Department for comment.
