BOISE, Idaho — On Monday, Boise police Sgt. Kirk Rush filed a lawsuit against the City of Boise and former Chief Ryan Lee. One day later, Lee filed a lawsuit of his own against Rush and four unnamed people.
Both lawsuits stem from an October 2021 briefing when Lee demonstrated a neck hold on Rush. Rush filed a tort claim regarding the situation last spring.
In his suit, Rush claims Lee severely injured his neck while demonstrating hold techniques. It states Lee "paraded Rush around the briefing room by his neck."
Shortly after letting go, Rush alleges Lee grabbed his neck again. But this time, his neck hyperextended after Lee "violently grabbed Rush's forehead and yanked his head backward," according to court documents.
Rush claims Lee did not ask for permission or check with him about potential health concerns. The lawsuit states Rush received surgery as a result of the demonstration.
Rush also accuses the City of Boise of negligence and states the city decided against conducting its own inquiry into the incident.
A Clearwater County prosecuting attorney eventually decided not to file criminal charges against Lee after reviewing findings from the Idaho State Police's investigation. However, the attorney said it was a close call.
Lee filed his lawsuit against Rush and four people whose names are not listed on Tuesday. Court documents state Lee "performed a visual, hands-on illustration" and only applied "minimal restraint."
Lee claims Rush participated "willingly" and at no time "expressed any refusal, reluctance or objection."
The lawsuit also accuses Rush of slander and libel.
"Defendant Rush has made repeated derogatory statements, complaints and accusations against Chief Lee, the head and neck restraint illustration and the injuries he claims to have sustained by [Lee], which were knowingly and implicitly false, exaggerated, deceptive and misleading," according to the lawsuit.
Lee states Rush and the other unnamed people in the lawsuit caused emotional distress, damaged his reputation, and interfered with his City of Boise contract.
Boise Mayor Lauren McLean asked Lee to resign last fall after numerous officers filed complaints against him.
Maria Weeg, City of Boise spokesperson, said they cannot comment on Rush's lawsuit against them. However, she did provide a statement regarding Rush's previous workers' compensation claim.
"After Sgt. Rush was injured in a work-related accident, he filed a workers compensation claim with the city, which has been settled, and Sgt. Rush continues to serve as an officer in good standing with BPD. Sgt. Rush has received the medical and other benefits to which he is entitled, and the city is willing to pay for any other medical claims associated with his injury into the future. We remain open to mediating any issues Sgt. Rush and his lawyers believe were unresolved," Weeg wrote in an email to KTVB.
Both Rush and Lee are asking for a jury trial. Rush did not list the amount of money he wanted. However, court documents show Lee is asking for at least $1 million in damages.
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