A Cowlitz County man has filed a federal lawsuit accusing the Cowlitz County Sheriff’s Office of unlawfully seizing and holding his firearms even though a temporary protection order specifically stated he was not required to surrender them.
In his lawsuit filed July 3 in Tacoma federal court, Zane Hogue alleges deputies violated his constitutional rights by confiscating firearms from his home while serving a temporary protection order that expressly stated, “The court does not order the surrender of firearms.”
A temporary protection order was issued against Hogue in March after another individual filed a petition. The complaint emphasizes that while a petition requested a protection order, the court ultimately did not prohibit Hogue from possessing firearms or order him to surrender them.
Despite that, a deputy allegedly told Hogue he was required to surrender his firearms while serving the order at his home, according to the lawsuit.
The complaint alleges deputies removed firearms from a locked safe inside the residence and seized two pistols, two rifles, a shotgun and Hogue’s concealed pistol license without a warrant or other legal authority.
The lawsuit further alleges Hogue’s wife later contacted the sheriff’s office after reviewing the court paperwork and questioned why the firearms had been seized.
During a subsequent phone call, Deputy Geary Enbody Jr. allegedly acknowledged there was “no basis” for the sheriff’s office to take the firearms, according to the complaint. The lawsuit claims the firearms nevertheless remained in the county’s possession.
Two days later, the sheriff’s office allegedly issued Hogue a “60 Day Notice to Transfer Firearm” stating he was prohibited from possessing firearms because he was the respondent in a protection order, according to the complaint.
The lawsuit alleges that statement was false because the temporary order specifically stated the court did not require firearm surrender.
The notice also warned the firearms could be forfeited if they were not transferred within 60 days, according to the complaint.
Hogue’s attorney sent a demand letter to the sheriff’s office and county officials on April 1 asserting the seizure violated the Second and Fourth Amendments and demanding the immediate return of the firearms.
According to the lawsuit, the sheriff’s office agreed to return the firearms later that day after receiving the letter.
Although the firearms were ultimately returned, the lawsuit argues the constitutional violations had already occurred and seeks compensatory damages, attorney fees and other relief.
The complaint includes claims alleging violations of the Second and Fourth Amendments, municipal liability under federal civil rights law, conversion and negligence.
Puget Press has reached out to the Cowlitz County Sheriff’s Office for comment.
