DENVER – A Colorado man can sue two Secret Service agents who arrested him after he touched former Vice President Dick Cheney on the arm in 2006 and told him his Iraq War policies were "disgusting," a federal appeals court ruled Monday.

The ruling means Steven Howards can try to subpoena Cheney to testify about the incident, said David Lane, Howards' attorney.

"I fully intend on deposing the former vice president," Lane told The Associated Press.

Lane has been trying for years to subpoena Cheney, but his motion has been delayed as judges weighed the question of whether the Secret Service agents were immune in the case. He has said he wants to subpoena the former vice president because he's "the best eyewitness to the case."