Fifth District Judge John Davis last week dismissed a defamation lawsuit filed by Pahrump firefighter/paramedic C.L. Meeks against various Pahrump and Nye County officials after his 2006 arrest for failure to transport a patient.

Last June, U.S. District Judge James Mahan dismissed the case in federal court and remanded Davis' court.

"This is the end of the case. I think it's a bad case," Davis said. "I'm not going to make a purse out of a sow's ear."

"I think it was all protected conduct," he said of the local officials being sued.

The suit evolved over Meeks' arrest after he answered a call at the home of Linus Wendler on Wilson Road Nov. 24, 2006.

Meeks and his partner, Rod Fernandes, were arrested that Nov. 30. Each was charged with one count of felony criminal neglect of a patient and felony neglect of an older person.

Meeks' attorney Michael Root pointed out to the judge that in three years his client was never arraigned on the criminal charges.

The firefighters were put on administrative leave with pay at the time they were arrested and were fired in April 2007. Meeks and Fernandes had their paramedic licenses revoked in May 2007, but they were reinstated by the state Emergency Medical Systems program in November 2007.

That board found there was no unprofessional misconduct on their part.

In November 2008 both men returned to work for the Pahrump Valley Fire-Rescue Service after a union arbitrator ruled they were fired without cause.

Root reminded the court about four missing dispatch tapes from the Nye County sheriff's department about the incident. His complaint charged Nye County sheriffs deputies with a coverup.

Root said Nye County sheriff's investigator and coroner David Boruchowitz gave a false statement to the Pahrump Valley Times Dec. 6, 2006, when he reportedly said it took several of his orders before Wendler was treated and transported to the hospital.

The lawsuit notes Boruchowitz later testified under oath before the state paramedic licensing board that none of the deputy sheriff reports said Meeks violated orders to transport Wendler.

During the call, Meeks and Fernandes heard a gunshot when they were about 30 feet from the door of Wendler's residence, Boruchowitz declared Wendler dead after a self-inflicted gunshot wound. But 18 minutes and 28 seconds later, Boruchowitz called sheriff's department dispatch to revoke his death pronouncement due to signs of life, according to the lawsuit.

Meeks told Boruchowitz "they should do something," and Wendler was transported to the hospital where he later died, according to Meeks' suit.

Meeks' lawsuit claimed Boruchowitz testified under oath at the licensing board hearing he didn't consider the scene safe until all the weapons were out of the trailer. During a crime scene investigation the next day, sheriff's deputies found three loaded guns in the residence, the suit claims.

Pahrump Fire Chief Scott Lewis was named in the suit for claiming to the licensing board Meeks failed to treat and transport Wendler and of accusing Meeks of disobeying orders from a sheriff's deputy to treat and transport him.

Brent Ryman, an attorney hired by Nye County's insurance carrier, said a reasonable person would infer a crime had been committed. Meeks saw Windler was bleeding and breathing, he said.

"He came up with a lot of excuses why he didn't take his pulse or provide treatment," Ryman said. "He didn't do anything else while the deputies were standing around for 30 minutes."

Root countered that nobody told Meeks to do anything.

Ryman said Nevada Revised Statute 41.650 provides immunity from liability for "a person who engages in a good faith communication in furtherance of the right to petition."

That communication is aimed at procuring governmental action; a complaint to an officer of the state or federal government; or a statement in connection with an issue under consideration which is truthful.

Root argued a decision granting that doctrine would overrule Nevada Supreme Court decisions.

"Supreme court allows police reports to be used in false arrest cases," Root said. "My client alleges slander. We've got specific statements."

Jeff Pitegoff, hired by the insurance carrier for the town, said, "Having a conversation is not defamation."

After the ruling attorneys for the defense didn't want to comment lest the case be appealed. Root didn't want to comment on behalf of the plaintiff.