Henderson Police lawsuit is settled

Jace Radke

Friday, Jan. 7, 2005 | 8:54 a.m.

A federal lawsuit filed against Henderson Police alleging that officers beat a man with batons following a traffic stop was settled Thursday.

Attorneys for Henderson Police and Michael Nicholas met for more than three hours Thursday night at the federal courthouse to iron out the deal.

The terms of the settlement are confidential, said Walt Cannon, who represents Henderson Police.

Nicholas, 35, filed suit against the department and Officer Rand Allison in 2002, after he alleged he suffered a broken arm at the hands of officers after being pulled over outside his apartment on Center Street at Burkholder Boulevard on Jan. 14, 2002.

A police report states that Allison stopped Nicholas for failing to stop at a stop sign, and when he refused to stay in his car, Allison sprayed Nicholas with pepper spray.

The suit states that Nicholas told officers that he couldn't comply with their request to put his hands on his steering wheel because he was handicapped. Allison then threatened him, according to the suit.

Nicholas claims he then began yelling up to wife in their apartment because he was "in fear for his well-being."

The suit goes on to state that after being pepper-sprayed, Nicholas ran into his apartment where Allison and other officers caught him and repeatedly beat him.

The police report from the incident states that Nicholas pushed Allison as he fled from his car, and was struck by a baton as he fought with officers on the stairs leading to his apartment.

Nicholas' suit was filed by attorney Cal Potter and the American Civil Liberties Union of Nevada, and asked for unspecified damages on the grounds of unlawful use of force, intentional infliction of severe mental distress, battery and negligence.