Former official sues county, McHugh

COEUR d'ALENE - A former deputy prosecutor in Kootenai County who says he was fired because of his age after refusing to take a psycho-sexual examination has filed a lawsuit claiming discrimination.

Kenneth Stone filed the complaint last month in U.S. District Court against Kootenai County Prosecutor Barry McHugh, the prosecutor's office and the county seeking unspecified damages.

Stone says he was fired on March 25, 2011, after refusing to take the exam. His age was unavailable on Wednesday.

An attorney representing the county says Stone was fired because he violated the county's harassment policies and the county has a zero-tolerance policy for harassment.

Initially, Stone informed the prosecutor's office he intended to retire in August 2011. But in October 2010, he said he planned to stay on as long as he was able.

"It is upon (Stone's) information and belief, that upon learning that Stone intended to continue working beyond retirement age, the prosecutor's office began building a pre-text for Stone's termination," according to the complaint and demand for jury trial his lawyer, April Linscott, filed.

On Jan 12, 2011, Jim Reierson, another deputy prosecuting attorney, accused Stone of unwanted shoulder touching, Stone's complaint said.

It said the prosecutor's office conditioned Stone's continued employment on Stone submitting to a psychosexual evaluation and a polygraph examination. He saw it as harassment and coercion.

Stone said psychosexual evaluations are reserved for heinous sexual predators.

"The psychosexual evaluation and polygraph examination are outside the limits of the prosecutor's office's policy for handling of employment matters," the document said.