Introduction

This comprehensive legal analysis examines the systematic civil rights violations, false imprisonment, and prosecutorial misconduct of misdemeanor and felony stalking charges that resulted from Elvis Nuno's formal complaint to the YWCA of Missoula in 2017. The case demonstrates a textbook example of retaliatory prosecution, malicious use of the criminal justice system, and coordinated harassment that resulted in 18 months of pretrial detention conditions, repeated arrests without probable cause, excessive bail demands, and the complete destruction of Mr. Nuno's professional career. Despite the obvious lack of any relationship between Mr. Nuno and E'Lise Chard, and the complete absence of evidence supporting stalking charges, the prosecution pursued an aggressive campaign that included $50,000-$100,000 bail demands[Previous Analysis], overbroad Facebook search warrants, and systematic suppression of exculpatory evidence.

The case ultimately resulted in dismissal with prejudice in 2018, confirming what was evident from the beginning: no viable criminal case existed. The documented damages exceed $3.44 million, including the loss of a $150,000/year IT consulting contract, extensive legal fees, psychological trauma, and ongoing harassment that continues through 2025.

I. The Protected Speech Catalyst: 2017 YWCA Complaint

A. Nature of the Protected First Amendment Activity

Mr. Nuno's 2017 formal complaint to the YWCA President constituted core petition activity under the First Amendment's Petition Clause[Previous Analysis]. The complaint detailed systematic false police reports by E'Lise Chard and Rebecca Pettit, documented abuse of organizational positions to facilitate harassment, and requested cessation of misconduct and organizational accountability. The complaint included a goodwill donation demonstrating support for the YWCA mission while seeking accountability for staff misconduct.

This activity falls squarely within Borough of Duryea v. Guarnieri (2011) protections for "attempts to seek relief from governmental misconduct"[Previous Analysis]. The complaint addressed matters of public concern regarding organizational ethics and governmental cooperation in civil rights violations.

B. Immediate Retaliatory Response

The complaint triggered an immediate and dramatic escalation in harassment from both E'Lise Chard and Officer Ethan Smith of the Missoula Police Department. Within weeks of filing the complaint, Mr. Nuno faced:

  1. Multiple Arrests Without Probable Cause: Officer Smith conducted repeated arrests based solely on E'Lise Chard's unsubstantiated allegations
  2. Fabricated Criminal Charges: Stalking charges filed despite documented evidence that Mr. Nuno and E'Lise Chard had no significant personal relationship
  3. Coordinated Harassment Campaign: YWCA staff and law enforcement working together to manufacture criminal liability

II. Constitutional Violations During the Case

A. Fourth Amendment Violations - Search and Seizure

1. Overbroad Facebook Search Warrant

The prosecution's filing of a search warrant with Facebook to obtain "all data contained in [Mr. Nuno's] account" represents a paradigmatic Fourth Amendment violation through an overbroad "fishing expedition." Under established precedent from cases like ACLU v. D.C. Superior Court, such warrants violate the Fourth Amendment's particularity requirement[1][2].

The search warrant violated multiple constitutional principles: