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Top Story

Jun. 17, 2009

Federal judge throws out Meeks suit

By MARK WAITE
PVT

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A suit filed by Pahrump firefighter/emergency medical technician C.L. Meeks against Nye County has been thrown out of federal court.

Meeks and fellow EMT/firefighter Rod Fernandes, were arrested by Nye County sheriff's deputies Nov. 30, 2006, for failure to render medical aid to Linus Windler, a 64-year-old man who shot himself in his Pahrump trailer.

Meeks and Fernandes were put on administrative leave with pay on Nov. 30, 2006, and fired in April 2007. Their paramedic licenses were 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.

In the latest action, Federal Judge James Mahan signed an order June 5 granting the county's motion to dismiss the case along with all federal claims, remanding any further jurisdiction to state court.

Mahan referred to arguments by an attorney for Nye County's insurance carrier, Brent Ryman, citing the Noerr-Pennington doctrine, which guarantees the right of the people to petition the government for a redress of grievances.

"While the doctrine was formulated in the context of antitrust cases, Noerr-Pennington's rule of First Amendment immunity now enjoys general applicability," the judge wrote.

Mahan referred to the county's First Amendment rights in citing the doctrine.

The plaintiff didn't show any evidence Nye County tried to achieve a governmental result but did so by improper means, Mahan said.

The lawsuit claimed Meeks' right to equal protection and freedom from malicious prosecution under the 14th Amendment were violated. He also sued for slander, defamation of character, libel, civil conspiracy, fraud and severe emotional distress.

Fernandes and Meeks responded to the home at 3481 Wilson Road about a possible medical emergency. When they approached the house, they heard a gunshot. The lawsuit stated Meeks and Fernandes waited for sheriff's deputies, in accordance with their training.

Windler was pronounced dead by Dep. David Borchuowitz, acting as the county coroner, but 18 minutes later, Boruchowitz called sheriff's dispatch to revoke that pronouncement after Meeks checked his pulse and found Windler was still alive, the suit claims.










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