Man claiming a beating sues police

Kim Smith

Friday, Feb. 1, 2002 | 9:59 a.m.

A Henderson man who claims he was beaten by police officers after a traffic stop two weeks ago is suing the Henderson Police Department.

According to the federal lawsuit, filed Thursday in U.S. District Court, Michael Nicholas, 32, was stopped by Henderson Police Officer Rand Allison outside his apartment Jan. 14.

The officer told Nicholas to place both hands on the steering wheel. According to the lawsuit, Nicholas said he could not comply because he was handicapped. Allison then threatened him, the lawsuit states.

Nicholas claims he began yelling for his wife because he was "in fear for his well-being." Allison pepper-sprayed him, and Nicholas fled from the officer and headed toward his apartment. Nicholas said he then was struck repeatedly with a baton and that his arm was broken during the incident.

Other officers joined Allison, and Nicholas "was repeatedly beaten while on the floor of his apartment," the lawsuit claims.

Henderson spokeswoman Vicki Taylor said the city does not comment on pending litigation.

Police officials have said internal affairs is investigating.

Attorney Cal Potter and American Civil Liberties Union attorney Allen Lichtenstein filed the lawsuit on Nicholas' behalf. Lichtenstein described the case as "egregious."

It is not the first time Henderson officers have been accused of excessive force, Lichtenstein said.

"Whenever and wherever it happens though, it surprises me," Lichenstein said. "It's not something that should ever happen."

Henderson resident Joanne Soof, 22, said this morning that she and her attorney, Leo Flangas, plan to file a similar lawsuit against Allison and Henderson Police because of a March 19 incident.

Soof, who is of Middle Eastern descent, claims that Allison assaulted her during a traffic stop and made racially-charged comments to her. She said she ended up with nerve damage to her face, a broken nose and four loosened teeth during the incident.

"If they (Henderson Police officials) had done something when it happened to me, this guy (Nicholas) would not have gotten beaten up," Soof said.

Attempts to reach Flangas this morning were unsuccessful.

Nicholas is suing for unspecified damages on the grounds of unlawful use of force, intentional infliction of severe mental distress, battery and negligence.