A federal judge on Tuesday threw out state Sen. Brian Boquist’s lawsuit against a Democratic leader and other legislative officials that followed a Republican walk-out over a climate change bill last year, ruling Boquist’s warnings to fellow lawmakers and state police amounted to threats.

Boquist, R-Dallas, filed the suit in July after a legislative committee voted to require him to provide 12 hours’ notice before reporting to the Capitol to give officials time to arrange for additional state troopers to ensure the safety of employees and the public.

The matter grew out of a political impasse in the Senate, when 11 Republican senators seeking to avoid a quorum vote brought the Legislature to a halt by leaving the Capitol. Oregon Gov. Kate Brown authorized state police to arrest the absent senators, including Boquist,

In a June 19 floor speech, Boquist told Senate President Peter Courtney, D-Salem, “If you send the state police to get me, hell is coming to visit you personally.”

Soon after, Boquist also threatened state police, saying that if they were going to haul him back to the Capitol they should “Send bachelors and come heavily armed. I’m not going to be a political prisoner in the state of Oregon. It’s just that simple.”

Boquist argued that the 12-hour notice and fines levied against him for not showing up violated his First Amendment and due process rights.

U.S. District Judge Michael McShane called Boquist’s statements "unprotected fighting words,'' saying they were threats and that the Senate leadership had "a legitimate interest in assuring that debate on the Senate floor is not suppressed by the threatening behavior of one of its members.''

"Words, it turns out, sometimes have consequences,'' the judge wrote. "Defendants did not violate Plaintiff’s First Amendment rights.''

McShane also wrote that he found odd Boquist’s argument that his remarks to Courtney, in which he promised hell would visit him, amounted to a statement of religious expression.

"While both sides can point fingers and complain that the other is overreacting to a political situation, Plaintiff’s chosen words on the Senate floor were those of a bully on the playground,'' the judge wrote in his 11-page ruling. "Remarkably Plaintiff argues that his statement to Defendant Courtney ... was a religious expression. But here, Plaintiff seems to overlook the fact that he sounds more like a character out of a Clint Eastwood movie than he does Mother Theresa (sic).''

While the judge said he considered Boquist’s words may have been "dramatic flourishes for media consumption,'' he noted it’s not the court’s job to second-guess the finding of a legislative body that some of its members felt frightened by what Boquist said.

The judge also rejected Boquist’s argument that his due process rights were violated by the fine he faced and the order for police to arrest him.

The governor had imposed a $500 fine for each day a given senator was absent during the legislative session. State police did not arrest Boquist, but the governor did levy a $3,500 fine against him. He paid the fine, but it was ultimately erased less than two months later and his money was returned. The fines were withdrawn against every senator who participated in the walkout, the judge wrote.

Boquist “fails to establish that the fine deprived him of a liberty or property interest without due process of law” and the senator conceded that state police never attempted to arrest him or take him into custody, the judge wrote.

McShane dismissed the case with prejudice, meaning Boquist’s allegations are thrown out permanently and can’t be renewed.

Boquist said Tuesday morning that he wasn’t surprised by the judge’s ruling. He said he may file a federal appeal and bring a separate action in state court. He said he believes he may get more traction before a rural jury.

-- Maxine Bernstein

Email at mbernstein@oregonian.com

Follow on Twitter @maxoregonian

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