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Wheeler denies lawsuit allegations

KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 3 months AGO
by KEITH KINNAIRD
News Editor | September 23, 2016 1:00 AM

SANDPOINT — Bonner County Sheriff Daryl Wheeler is pushing back against allegations that he wrongfully demoted and fired a lieutenant, according to documents filed in U.S. District Court.

Counsel for Wheeler filed an answer to the civil complaint which denies the allegations raised by William McAuliffe and argues that McAuliffe was to blame for his termination. Spokane attorney Heather Yakely further argues that the defendants in the suit are entitled to qualified immunity and that any communication between them was privileged and/or justifi ed.

Wheeler’s answer to the suit was filed in federal court on Sept. 7.

McAuliffe filed suit against the county and Wheeler personally in July, alleging civil rights violations and several state law claims.

McAuliffe contends he was marooned in a professional standards and internal affairs position and denied opportunities to further his career by attending the FBI’s National Academy. McAuliffe also asserts he was the target of false complaints and harassment by former and current members of Wheeler’s command staff, efforts which were allegedly engineered to run McAuliffe off the job.

The suit alleges that McAuliffe was constructively discharged and his right to due process was violated. It also alleges that McAuliffe’s protection against unlawful seizures was violated when he was subjected to an unlawful traffic stop while driving his daughter home from school in 2014.

State law claims in the suit include breach of contract, negligent supervision, breach of good-faith dealing and negligent infliction of emotional distress.

Wheeler retained the GOP nomination in the May primary despite a challenge by retired Idaho State Police Trooper Terry Ford, who is running as a write-in candidate for sheriff in the Nov. 8 general election.

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