Fox News reports:
A Colorado man can sue two Secret Service agents who arrested him after he touched former Vice President Dick Cheney on the arm in 2006 and told him his Iraq War policies were “disgusting,” a federal appeals court ruled Monday.
The ruling means Steven Howards can try to subpoena Cheney to testify about the incident, said David Lane, Howards’ attorney.
“I fully intend on deposing the former vice president,” Lane told The Associated Press.
Lane has been trying for years to subpoena Cheney, but his motion has been delayed as judges weighed the question of whether the Secret Service agents were immune in the case. He has said he wants to subpoena the former vice president because he’s “the best eyewitness to the case.”
A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled that Howards can sue agents Virgil D. “Gus” Reichle Jr., and Dan Doyle on First Amendment grounds. But the court ruled that two other agents named in the lawsuit are immune in the case.
The judges ruled that the four agents are immune on Howards’ Fourth Amendment claim against them of unreasonable search and seizure.
Howards was arrested after he approached Cheney at a mall in Beaver Creek, a resort town about two hours west of Denver. The agents alleged that Howards’ contact with Cheney constituted assault but a local prosecutor later dropped the case…
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