DENVER (AP) -- A federal magistrate judge has denied another attempt by a man to subpoena Dick Cheney in a lawsuit against the Secret Service.

Attorney David Lane says he will appeal Tuesday's decision. Lane is representing Steven Howards, who claims the Secret Service wrongfully arrested him in June 2006 in Beaver Creek. He walked up to Cheney and told him his policies in Iraq were "disgusting."

Lane has maintained that Cheney's testimony is crucial to the lawsuit. Howards' motion to subpoena Cheney was denied in April, but he renewed his request in August.

Howards claims his First Amendment right to free speech and his Fourth Amendment protection from unreasonable search and seizure were violated.

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