Asotin County Prosecutor Ben Nichols has been named in a federal lawsuit alleging false imprisonment and excessive force by a sheriff's deputy.
Joshua M. Herrman, a Nez Perce County resident, filed the suit in U.S. District Court of Idaho last month. Asotin County Sheriff's Deputy Gary Snyder is also named in the complaint, and is accused of falsely arresting and battering Herrman.
According to court documents, Herrman was driving his truck Feb. 24, 2011, on the Southway Bridge toward Lewiston when Snyder turned on his lights to pull Herrman over for speeding. Herrman alleges in the suit that he turned on his signal to indicate he intended on pulling over after he was across the bridge.
The complaint accuses Snyder of being "aggressive" toward Herrman once he made contact with him. Snyder is alleged to have told Herrman he was under arrest and that he needed to get out of his truck, but would not tell him why he was under arrest, according to the complaint.
Herrman was told to face the truck, put his hands on it and spread his legs, according to the complaint, but Herrman could not spread his legs to the degree Snyder wanted because he has muscular dystrophy. Herrman turned to tell the officer about his condition and was allegedly pepper-sprayed, according to the complaint, and was then forced to the ground and handcuffed.
Herrman alleges he was taken to the Asotin County Jail and not given an extradition hearing or a hearing to determine the validity of the arrest, according to court records. Nichols is named for giving Snyder approval to bring Herrman to Asotin County rather than turn him over to Idaho law enforcement.
Nichols said Monday he could not comment on pending litigation.
A scheduling conference between the parties named in the suit is set for 9:30 a.m. May 16. Herrman is represented by Lewiston attorney Jonathan D. Hally.