A federal judge last week dismissed a case filed against Nye County by former animal control officer Karl Mitchell and Big Cat Encounters.

Mitchell formerly ran a business where people could be photographed with his tigers and exotic animals. He was awarded a $250,000 contract to run Nye County's animal control program in October 2000 after residents feared the contract would go to Dewey Animal Control in Las Vegas.

Mitchell's contract was terminated in June 2001 following numerous accusations against Mitchell, ranging from the theft of valuable pets to administering euthanasia drugs without a license.

Mitchell was eventually sentenced to 28 to 70 months in prison in July 2004 for the theft of a Chevrolet Suburban belonging to his former attorney's wife, Liz Gini, and for retaining over $42,000 in checks he received after his contract was terminated.

The order by U.S. District Court Judge Philip Pro requires Mitchell to return $42,214 in payments, a result of a counterclaim filed in the case by Nye County.

Mitchell was released on parole last year.

Reno attorney Tom Beko, who was retained by Nye County to defend the case, said Mitchell had filed a similar suit against the county in federal court, which was dismissed. Las Vegas attorney Steven Caruso then re-filed the case.

Mitchell claimed false arrest and retaliatory acts by Nye County District Attorney Bob Beckett, Chief Civil District Attorney Ron Kent and former Sheriff Wade Lieseke Jr. in a suit filed May 6, 2004. That first suit was dismissed after Mitchell failed to file an amended complaint within the time allotted.

Pro cited the legal doctrine of res judicata, which bars a plaintiff from re-litigating claims, in rejecting this latest suit.

The second case added Undersheriff Bill Weldon, Nye County Chief Prosecutor Kirk Vitto, detective Ed Howard, County Commissioner Joni Eastley, former animal shelter employee June Frye and former County Commissioner Cameron McRae as defendants. Pro stated Mitchell's attorney failed to provide evidence of their conspiracy.

The judge ruled claims of false arrest and imprisonment weren't valid, as a valid warrant was issued and Mitchell was convicted of the charges. Mitchell also didn't file for personal injury claims within the two year statute of limitations, the court order states.

Beko said the only matter left in the case is a counterclaim filed by Nye County for the cost of fighting the case. The county would have to decide whether to pursue that at trial, depending on whether Mitchell is first able to pay back the $42,000, he said.