Former resident files torts against sheriff's office

By KATHY NUSSBERGER

Managing Editor

A former Boundary County woman is threatening to sue two sheriff's deputies alleging one used excessive force during an arrest and another has been sexually harassing her.

Michelle Nevarez filed two tort claims against Boundary County Sheriff's deputies Don VanMeter and Ron Flink on March 8. Nevarez seeks $50,000 in damages.

If the county rejects the claims, Nevarez would be free to pursue the matter in 1st District Court.

The claims arise from Nevarez's arrest on a domestic battery and resisting arrest charges on Dec. 23, 2006. Nevarez was accused of attacking her former husband, Michael Davis.

VanMeter reportedly saw Nevarez "attack" her ex on his porch by head butting him and grabbing his neck. The deputy intervened and repeatedly told Nevarez she was under arrest, but she continued to resist even after all three fell to the ground, VanMeter's report said.

The struggle continued until Flink arrived. Nevarez suffered a cut to her face during the struggle, she was treated and released at Boundary Community Hospital.

But Davis contends it was all a misunderstanding, according to a statement he wrote a day after Nevarez's arrest. Davis wrote that his former wife hadn't attacked him, but hugged him, though he said he understood that it might not have appeared that way to the officer.

"When she saw the deputy coming," he wrote, "she jumped onto my shoulders and hugged me."

He asked that no charges be filed against her on his behalf, saying she was distraught and just wanted her family back.

In the first tort claim, Nevarez alleges that during the arrest at Davis' residence, VanMeter did not identify himself as a police officer and "charged" at both her and Davis as they "hugged," and knocked them to the ground.

Nevarez accuses VanMeter of repeatedly beating her about the head during an "intense struggle." Nevarez further alleges that VanMeter told her to "stop resisting arrest," but that because he had his knee in her back, she was unable to get her left arm free from under her body to allow him to cuff her.

Nevarez wrote that it was at that point that Flink came over and assisted VanMeter with "cuffing her and roughly bringing her to her feet." As this was going on, Nevarez also alleges in the tort that she repeatedly asked both deputies for her asthma inhaler, but never got it. A second charge of resisting arrest was added.

In the second tort claim, Nevarez alleges that over the month following her arrest, Flink repeatedly made sexual advancements towards her and abused his authority as a police officer to obtain information pertaining to her case. She wrote in the tort claim that Flink repeatedly contacted her by phone and text messages as well as by email and instant messenger. Nevarez wrote that she kept records of all the emails, instant messaging contact and photos that Flink allegedly sent to her of himself.

Sprungl explained that at the request of the sheriff's office, the Idaho State Police is conducting the investigation surrounding Deputy VanMeter due to the nature of the allegations.

He added that the investigation of Deputy Flink is being conducted internally because the allegations in the tort constitute a violation of the Boundary County Sheriff's Office policy for personal contact with a person in the criminal justice system. Both deputies remain on active duty during the investigations.

"I would like people to know that any time someone has a concern about one of our deputies, I want to know about it," Sprungl said. "I encourage any citizen who has a complaint against one of our deputies to file it with the sheriff's office. Depending on the nature of the complaint, we will either investigate it internally, or request an external investigation by ISP as well as instruct the deputy to have no contact with the person while the investigation is going on."