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Alan Miller, 18, of Sandusky filed suit in the U.S. District Court Eastern District of Michigan Southern Division on Nov. 19. The case was assigned to Judge Patrick Duggan.

Miller's allegations against Wagester include: assault and battery; false arrest; malicious prosecution; gross negligence; and violation of the Fourth Amendment - excessive force, warrantless search and seizure without probable cause, and malicious prosecution.

Miller also claims that Sanilac County failed to supervise police officers to prevent violations of citizens' constitutional rights, proper use of force, and legal searches. He also maintains the county failed to discipline officers known to harass and intimidate citizens; permitted officers to engage in such conduct; failed to require officers to comply with established policies; and failed to protect detainees.

Miller claims he suffered injuries and damages as a result of Wagester's actions, and is entitled to triple damages because the officer' actions were "so outrageous." He is asking the court to award him over $75,000 plus costs, interest and attorney fees.

County Administrator John Males had no comment on the lawsuit. He said he has turned it over to the county's errors and omissions insurance carrier, St. Paul Travelers'.

Sheriff Virgil Strickler declined to comment on the lawsuit, and Wagester did not return a message left on his phone at the sheriff department.

The lawsuit is the second job-related problem Wagester has faced in the past year. Last summer he was demoted from lieutenant because he violated department policy by hiring inmates who were witnesses in an ongoing safe robbery case he investigated. Wagester has challenged the demotion and a labor arbitration hearing is pending.

Miller, who was 17 at the time, claims the incident began when Wagester pulled his car over on Sheldon Road on Feb. 18, 2006.

Miller claims he was ordered out of the vehicle after he unbuckled his seat belt to retrieve his wallet. He maintains Wagester ignored his requests to be allowed to warm up despite wearing a sweatshirt and stocking cap while performing a number of sobriety tests, some of which he was ordered to repeat. He claims Wagester called him derogatory names and forcefully pushed him against the side of the car before placing him in tight handcuffs.

Miller claims his hands were almost black from the tightness of the handcuffs and exposure to the extreme cold by the time he was taken into the police station.

Miller maintains Wagester told him he had to take a breathalyzer test, although he asked for a hospital blood draw. Miller claims after Wagester repeatedly ‘got in his face' about taking the breathalyzer, he eventually passed out at the station. Later he said Wagester put the handcuffs on tighter than before and took him to the hospital. Wagester allegedly completed a search warrant to draw blood for the presence of alcohol, which did not show up on the test.

Wagester ticketed and charged Miller with failure to wear seat belt, no proof of insurance, no proof of registration, violation of 0.02 law, reckless driving, refusal to take a PBT and minor in possession of alcohol.

According to court records, the tickets and charges were dismissed in district court on April 6, 2006 at the request of Sheriff Virgil Strickler.

"My experience is the police usually get things right. Once in a while they get it wrong, " said Sandusky attorney Greg Ross, Miller's lawyer for the incident. "In this case, Sheriff Strickler and the prosecutor reviewed the case and stepped up and did the right thing by dismissing it."

Miller claims that four days after the charges were dismissed Wagester asked the lab to test his blood sample for narcotics, although the search warrant did not authorize that. They found no narcotics.

At the time of the arrest, Miller had only one previous alcohol-related charge on his record. He was charged with any blood alcohol content under 21 about a month earlier, but the charge was dismissed at the request of the prosecuting attorney, according to court records. Miller also had four tickets in 2005, ranging from speeding and failing to stop for a stop sign to squealing his tires.