Lawsuit appeal being prepared

A former Gardnerville man whose $100 million lawsuit against Douglas County's sheriff, district attorney and the East Fork justice of the peace was dismissed in federal court is working on an appeal.

David Matlean sued the county officials over his arrest after he failed to appear in court on a traffic violation.

The case was dismissed June 16 by U.S. District Judge Larry Hicks.

Matlean claims that because each county officer doesn't have a bond in his name, it is illegal for them to perform their duties under state law.

Attorneys for Sheriff Ron Pierini, District Attorney Mark Jackson and East Fork Justice of the Peace Jim EnEarl argued that a blanket bond held by the county complies with the law. Hicks agreed and said Matlean didn't make the case that his civil rights were affected.

"The courts almost always rule on the side of the government," Matlean said in an e-mail to The Record-Courier. "But that's why we have two higher courts, for when the lower courts make mistakes."

Matlean is the father of James Matlean who is accused of Wildhorse resident Benjamin Oxley's 2008 murder.

Matlean said he has been working on an appeal of Hicks' summary judgment for more than a month.

"The state requires us to comply with the law, as we should hold our public officials to comply with their sworn oath of office," he said.