Alleged rape victim sues former deputy

A former Island County deputy is facing a lawsuit from one of his alleged rape victims.

A former Island County deputy who is accused of raping two women is facing a lawsuit from one of the alleged victims, according to court documents.

The woman, who is represented by attorney Stephanie Petersen of Everett, filed a complaint for personal injuries in Skagit County Superior Court this fall against John Nieder and the trustees of the Scott Family Trust.

The lawsuit accuses Nieder of assault, battery, negligent infliction of bodily harm, negligent infliction of emotional distress and false imprisonment. It asks for unspecified damages for permanent and disabling injuries, pain and suffering, anxiety and emotional distress, loss of income, impaired earning capacity, medical expenses and loss of enjoyment of life.

The lawsuit names the Scott Family Trust, as well as two trustees related to Nieder, because the alleged rape occurred at a home in Skagit County owned by the trust. The Scott trustees, who are related to Nieder, filed a motion to be removed from the complaint, arguing that there is no connection between them and the alleged events besides the fact that they own the house.

Prosecutors in Skagit County charged Nieder in 2022 with two counts of rape in the second degree; he pleaded not guilty and denied any wrongdoing. The trial has been delayed 15 times since the charges were filed. He is currently scheduled to go to trial on March 3.

Nieder is accused of raping two different women he met through a dating app. The alleged sexual assaults did not occur while he was on duty.

Nieder’s attorney, David Marshall of Seattle, filed a motion to stay proceedings in the civil lawsuit until after the criminal case is resolved. Marshall also filed a motion to quash subpoenas that the woman’s attorney served on the Island County Sheriff’s Office for a wide range of records regarding Nieder’s employment. The motion argues that the subpoenas are overbroad and violate privileges regarding privacy and confidential law enforcement proceedings.

In response, the woman’s attorney filed a motion opposing the complete stay of proceedings in the civil case. She agreed to stay any effort to depose Nieder, but she argued that limiting her ability to gather other evidence would make it difficult to timely identify other potential claims and secure evidence.

Prior to the rape accusations, Nieder was accused of sexually harassing a female detective and, years later, a male deputy in the Island County Sheriff’s Office. The former sheriff fired him after the first allegation, but the deputy’s union appealed and an arbitrator ordered him reinstated despite finding that sexual harassment did occur.

The former sheriff later promoted Nieder to sergeant. In September 2022, the county settled a sexual harassment lawsuit for $105,000 with former Deputy Mike Adrian, who accused Nieder of touching him inappropriately. Nieder kept his position until the rape allegations came to light.

Nieder was placed on paid administrative leave by Sheriff Rick Felici after the Skagit County Sheriff’s Office arrested Nieder in October 2022. On Oct. 6, 2023, Felici notified Nieder that the internal investigation provided clear and convincing evidence that just cause existed to terminate him for policy violations. Prior to the pre-disciplinary Loudermill hearing, at which Nieder would have a chance to give his side of the story, he instead resigned.

Marshall wrote in an email that he’s out sick and so couldn’t comment on the lawsuit.