OSBURN — A civil lawsuit alleging malicious prosecution has been filed in U.S. District Court against the city of Osburn and one of its police officers. 

The suit, filed Dec. 11 by attorney Anthony Garcia on behalf of Richard Hodges, seeks damages for what Garcia previously referred to as a “wholly inadequate investigation allegedly performed by Sgt. David Bishop of the Osburn Police Department.” 

Hodges, 65, was arrested in May and charged with lewd conduct with a minor under 16. The Shoshone County Prosecutor’s Office later dismissed the charge without prejudice. 

The allegations stemmed from claims by Hodges’ granddaughter, who accused him of multiple assaults over four months. Garcia’s complaint asserts that the granddaughter fabricated the story to avoid punishment for unrelated misconduct. 

In October, Garcia filed a $2 million claim against Shoshone County through the Idaho Counties Risk Management Program, which denied the claim nine days later. ICRMP is an independent risk management and insurance agency representing government entities, including Shoshone County. 

That claim also named Shoshone County Sheriff’s Office Detective Josey Stemrich and Deputy Prosecutor Britney Jacobs. Garcia said they were not included in the federal lawsuit because “further investigation revealed Detective Stemrich’s involvement in the matter was minimal.” 

Hodges had 60 days from ICRMP’s denial to file the civil suit. Garcia’s complaint details the reasons for the lawsuit, including financial hardship. According to previous reports, Hodges mortgaged his home to pay legal expenses, hire a private investigator, retain counsel and post bond. 

“In the course of providing for his own defense, Plaintiff hired a private investigator who audio-recorded an interview with the alleged victim’s boyfriend (which the arresting officer should have done prior to the arrest,) who easily disproved the alleged victim’s story,” Garcia wrote. “The charges against the Plaintiff were ultimately dismissed, the true reason for which was likely the Prosecutor’s recognition that the arrest and charge lacked probable cause in the first place. Nevertheless, Plaintiff’s reputation has been severely tarnished from the public arrest and criminal complaint, and his life is in shambles.” 

Garcia previously alleged Bishop and others may have held animus toward Hodges due to unrelated prior incidents and that the criminal complaint was a malicious attempt to harm him. 

Court records show Hodges has a lengthy criminal history, including multiple domestic violence and battery charges spanning several decades. 

Once the defendants, the city of Osburn and Bishop, are served, they will have 21 days to respond. 

Attorney Jacob Lauser, representing the city, said Monday his clients have no public comment at this time.