Rodd Fernandes, the second emergency medical technician/firefighter accused and then absolved of wrongdoing after the death of a Pahrump man in 2006, has filed suit against Nye County and the Pahrump Valley Fire and Rescue Service in federal court.

Fernandes and Carrol L. Meeks were booked on one count each of felony criminal neglect of a patient and felony neglect of an older person. But neither was ever formally charged.

Fernandes' suit, filed by attorney Jason Bach, names Pahrump, Nye County, Sheriff Tony DeMeo, Assistant Sheriff Rick Marshall, Pahrump Fire Chief Scott Lewis, former Pahrump Town Manager Dave Richards and sheriff's deputies David Boruchowitz, Wesley Beard, Alexandra MacNeil, Ed Howard and Joe Close.

The suit claims the defendants violated the federal Racketeer Influenced Corrupt Organizations (RICO) Act, Fernandes' right to equal protection and freedom from malicious prosecution under the 14th Amendment, slander and defamation of character, libel, civil conspiracy, fraud and severe emotional distress.

Meeks filed suit last November.

The introduction to Fernandes' suit states: "Plaintiffs bring this action to halt the use of unfair, corrupt, abusive and unconstitutional practices by defendants in their conspiracy, cover up and retaliation used by defendants against plaintiff, which led to the false arrest, malicious prosecution, unlawful termination from employment and public slander, libel and defamation of plaintiff before the public eye."

Fernandes and Meeks were dispatched by the Nye County Sheriff's Department to 3481 Wilson Road on Nov. 24, 2006, regarding a possible medical emergency. When they arrived about 30 feet from chronically-ill resident Linus Wendler's door they heard a gunshot. The suit states Fernandes and Meeks waited for the sheriff's deputies, in accordance with their training.

Boruchowitz, who acted as the county coroner, declared the 63-year-old Windler dead but didn't state that during a hearing by the Nevada Department of Health Sept. 27, 2007, the suit claims.

"About 18 minutes and 28 seconds after he pronounced Wendler dead on Nov. 24, 2006, Dep. Boruchowitz called dispatch to revoke his death pronouncement due to signs of life and Mr. Wendler's pulse was taken by Mr. Meeks who told Dep. Boruchowitz that they should do something, whereupon the victim was immediately transported to the hospital," the suit claims.

Five deputies named in the lawsuit failed to take Wendler's pulse or vital signs upon arrival, the suit claims. Marshall is named as a defendant due to his role as the trainer and supervisor of the deputies.

Boruchowitz, the coroner, is accused of trying to cover up four conversations with the sheriff's dispatch that day.

False allegations that Fernandes refused to treat and transport Wendler in the November and December, 2006, sheriff's department reports are also cited.

The suit claims deputies didn't secure the crime scene first, according to protocol, as three loaded guns were found in Wendler's home.

Nye County and the sheriff's office intentionally breached its duties by failing to properly train, supervise and enforce the duties of deputy sheriffs, the suit claims.

DeMeo is accused of being personally aware of the wrongdoing and an active participant in the cover-up, Bach claims.

Fernandes was put on administrative leave with pay Nov. 30, 2006, by Lewis and Richards. He was fired in April 2007. The two men had their paramedic licenses revoked in May 2007 but they were reinstated by the state Emergency Medical Systems program in November 2007.

Meeks and Fernandes returned to work for the Pahrump Valley Fire and Rescue Service last November after an arbitraror ruled they were fired without cause.

Nye County Chief Civil Deputy District Attorney Ron Kent said his office as a matter of policy doesn't comment on pending litigation.