Reno man files lawsuit over arrest at concert

RENO -- A Reno man has sued several law enforcement officers, alleging they used excessive force against him at a Neal McCoy concert in Yerington in July 2006.

In his suit filed June 24 in U.S. District Court in Reno, Cody Herbst claims two Yerington police officers and two Lyon County sheriff's deputies slammed him to the ground and knocked him unconscious after he was ordered to leave the VIP area.

"Their version is he was fighting and kicking and protesting," Herbst's attorney, Terri Keyser-Cooper, said. "That's just not credible."

City Attorney Charles Zumpft and District Attorney Robert Auer did not return phone calls seeking comment.

Herbst, 23, obtained a wristband to enter the VIP area during the concert but was told to leave when he tried to re-enter the VIP section without the wristband, which had fallen off, the complaint states.

As he was walking toward the exit, Herbst was struck on the back by an officer, then was grabbed by all four officers and knocked to the ground, the complaint alleges.

The officers are accused of shooting him multiple times with a Taser and pepper spray. He was arrested, but the charges were dismissed.

The complaint seeks unspecified damages.