Irvin and Anderson deny that as well, saying that Anderson has never had a prescription for Percocet. While he did have a prescription for Methadone, he hadn't taken it that day, the attorney said.

Mittelman said their decision — not Taylor's decision — to transport was based on the unknown amount of medicine taken as well as Anderson's 14 of 15 score on a test that gauged speech and motor responses.

Any score less than 15 means EMTs transport, except in very select circumstances, Mittelman said.

Irvin said he still believes Taylor was looking to make a DUI alcohol arrest, and once that couldn't be accomplished, Taylor looked for more information to make a DUI-drugs arrest.

However, Payson's attorney David Church said it's just a case of a man who doesn't want to pay his hospital bill — $4,000.

"The saddest thing about this case is that this good officer gets sued for doing this guy a favor," Church said. "Instead of (handcuffing him) and hauling him in to jail to do a blood test, see if it's a DUI, he does him a favor, believes the story about a head injury and treats it like a medical case. And we want to punish him."

E-mail: sisraelsen@desnews.com