COEUR d’ALENE — The Idaho Attorney General’s Office will not pursue criminal charges against Kootenai County Sheriff Bob Norris following an investigation into complaints that he committed battery during a town hall earlier this year, according to a letter from the Office of the Attorney General.

According to the Attorney General’s findings in the Nov. 3 letter, “the investigation did not uncover any evidence to suggest the sheriff acted in bad faith or with malice, and criminal charges would not be appropriate.”

"The sheriff indisputably had law enforcement jurisdiction at the event held in a high school in Kootenai County," the letter stated.

Norris could not be reached for comment Friday.

Post Falls resident Teresa Borrenpohl was forcibly removed a legislative town hall at Coeur d'Alene High School in February by a private security team after heckling speakers and refusing to leave after Norris directed her to do so. Borrenpohl filed a tort claim in April alleging that her constitutional rights were violated by both the security team and Norris. 

She is seeking damages of at least $5 million, according to the claim.

Wendy Olson, Borrenpohl's attorney, said a criminal charge requires proof beyond a reasonable doubt, "and the Attorney General’s Office declined based on that standard and based on the evidence it reviewed."

"Civil cases and constitutional claims are governed by a different burden and require different evidence," she said.

Borrenpohl was unable to comment given likely involvement in pending criminal proceedings, Olson said.

According to the AG's letter, investigators examined two instances of physical contact, specifically when Norris “attempted to arrest or remove Teresa Borrenpohl from the event” and when “he detained the man sitting between Borrenpohl and the aisle.”

The review focused exclusively on whether Norris’s actions met the legal definition of battery. 

“Under Idaho law, a peace officer cannot be charged with battery so long as he is acting within the scope of his duties and in good faith and without malice,” the Nov. 3 letter stated.

In describing what happened at the town hall meeting put on by the Kootenai County Republican Central Committee leading to Borrenpohl being removed, the AG's letter states: 

"It was only then, after it was clear Borrenpohl was not going to stop yelling to challenge the rules of the meeting, that Sheriff Norris approached Borrenpohl to attempt to remove her from the event. The sheriff was wearing a hat with the title Kootenai County Sheriff. He informed Borrenpohl that she needed to leave, and Borrenpohl ignored his directive. He then stated that she could either get up or be arrested. Borrenpohl continued to ignore his commands. The sheriff asked the man sitting in the seat between Borrenpohl and the aisle to move, and the man complied with the sheriff’s command. Borrenpohl responded by telling her friend to “get this all on film.” 

In its analysis, the AG wrote: "These facts do not support a charge of battery against the sheriff. In Idaho, the sheriff is the top law enforcement officer in his county."

It goes on to state the sheriff has the authority and responsibility of “enforcing all penal provisions and statutes of the state” and the duty to preserve the peace within his county. 

A few other excerpts of the letter:

"The sheriff’s contact with Borrenpohl did not constitute a criminal act because he could lawfully make physical contact with Borrenpohl to arrest or remove Borrenpohl from the event for violating Idaho law when she refused to leave the event when asked."

"Borrenpohl refused to follow the sheriff’s orders and passively resisted her removal presumably because she believed that the sheriff was acting improperly. Her belief that the sheriff was acting improperly did not transform his actions into a crime."

"The KCRCC invited the public to attend its town hall meeting, but it also required attendees to follow rules of decorum, such as refraining from interrupting speakers and waiting until the question-and-answer period to engage with the legislators. Attendees were expressly told by those who had reserved the meeting space that failure to follow the rules could result in being removed from the meeting."

The office said that its review did not consider whether Norris followed internal sheriff’s office policies or whether his actions could raise civil liability issues for the county.

    Borrenpohl