Abortion-rights protester files federal civil rights lawsuit against Idaho State Police

BOISE (Idaho Statesman) — On June 28, 2022, Avalon Hardy was arrested on the steps of the Idaho Capitol while counterprotesting an anti-abortion rights celebration.

One year after her arrest, Hardy, 36, of Boise, filed a lawsuit in federal court Wednesday against Idaho State Police troopers alleging multiple civil rights violations.

“Hardy’s new lawsuit seeks compensation for federal civil rights violations, including wrongful arrest and imprisonment, excessive force, malicious prosecution, deliberate fabrication of evidence, and retaliation for exercising First Amendment rights to free speech,” according to a news release from Wrest Collective, the law firm handling her case.

Idaho State Police did not immediately return the Idaho Statesman’s request for comment.

A report written by Idaho State Police Sgt. Troy DeBie last June said Hardy repeatedly shoved Lt. Michael Kish with her hands and chest during the protest. She was charged with felony battery of a law enforcement officer and spent the night in jail.

Prosecutors eventually dropped the felony charge, which would have come with a five-year maximum sentence, to a misdemeanor.

Seven months and eight court appearances later, the case went to trial in January after Hardy refused multiple attempts from prosecutors to enter a plea deal.

Magistrate Judge Michael Dean then threw the case out after a video was played in court that contradicted the police report, and Kish said on the stand that he didn’t remember Hardy shoving him repeatedly.

The video showed Hardy making contact with Kish’s back once as she moved past him through a crowded area. Dean said the video showed that “to the extent there was any touching, this appears to be purely incidental, unintentional, as she’s trying to get around him.”

Hardy is suing Kish, DeBie, Trooper Kyle Card, Trooper Steven McClain and 10 other officers whose names have not been released to Hardy’s attorney.

The lawsuit noted that while many protesters and counterprotesters were in physical contact with one another at the event, only two were arrested — “both of them women of color protesting in support of abortion access,” according to the suit.

Hardy alleges in the lawsuit that she struggled to continue to run her hair salon, lost clients, saw her children targeted at school, and had to cut back on community service to spend time on her court proceedings and deal with stress from the case.

Damages sought by Hardy include financial compensation, a declaration that the defendants violated Hardy’s constitutional rights and coverage of her attorney fees.

The lawsuit also includes allegations that the police report falsely stated Kish was wearing his police badge and identified himself to Hardy. Videos from her trial showed that he was not in uniform.

“I’m just hoping that the officers get held accountable for their actions,” Hardy told the Statesman by phone. “That is probably my biggest thing. We’re not gonna stand by and just let them get away with things like that anymore.”

Hardy also said she hopes her lawsuit empowers other pro-abortion-rights protesters who might face charges.

“I kind of feel like it’s this community of people who have kind of been quieted, and hopefully this gives them a chance to have a voice and stand up for themselves,” she said.