Asotin County settles excessive force lawsuit

Asotin County has settled with an Idaho man who accused a sheriff's deputy of using excessive force and making a false arrest in 2011.

A $25,000 settlement was awarded to Joshua M. Herrman, a Nez Perce County resident with muscular dystrophy who was pepper-sprayed during the arrest. The settlement followed Herrman's suit in Idaho's U.S. District Court against Asotin County sheriff's deputy Gary Snyder and Asotin County Prosecutor Ben Nichols.

"It worked out as best as he could have hoped," said Jonathan Hally, Herrman's attorney. "It's an unfortunate incident that occurred, but he went through the only avenue of relief he could obtain."

An incident that should have ended with a speeding ticket at most, Hally said, went "way beyond that."

According to court documents, on Feb. 24, 2011, Snyder attempted to pull Herrman over for speeding as he crossed the Southway Bridge heading toward Lewiston. Herrman said in the suit he turned on his turn signal to indicate he would pull over after he was across the bridge.

When Herrman did stop, Snyder told him he was under arrest for an unspecified charge, according to court records. Herrman exited the vehicle at Snyder's behest, faced the truck and spread his legs for a search. When Herrman turned to tell Snyder that he could not spread to the degree the deputy wanted because of his muscular dystrophy, Snyder pepper-sprayed him, drug him to the ground and handcuffed him, according to the suit.

In addition to using excessive force during the arrest, Hally alleged Snyder violated Herrman's civil rights and the law when he transported Herrman back to the Asotin County Jail. Hally alleged it was a wrongful arrest because Snyder failed to refer Herrman to an Idaho court or provide him with an extradition hearing.

The suit named Nichols because he gave Snyder approval for transporting Herrman to Asotin County.

Spokane attorney Michael E. McFarland Jr., who represented the county's insurance company, said he believed Snyder's actions were reasonable and did not violate Herrman's constitutional rights.

"The case was settled in order to avoid ongoing defense costs," he said. "The insurance company decided that a settlement at the level that was reached made business sense and therefore settled the case."

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Brown may be contacted at dbrown@lmtribune.com or (208) 848-2278. Follow him on Twitter @DylanBrown26.