Federal lawsuit dismissed against Douglas officials

A $100 million lawsuit filed over a traffic ticket by the father of a Douglas County murder suspect has been dismissed by a federal court judge.

On Wednesday, U.S. District Judge Larry Hicks dismissed the lawsuit filed in February 2009 by David Matlean against Justice of the Peace Jim EnEarl, Sheriff Ron Pierini and District Attorney Mark Jackson.

Matlean claimed in an e-mail last week that his son, Gardnerville resident James Matlean, was arrested for the murder of Ben Oxley in retaliation for the lawsuit.

In his order of summary judgment, Hicks said that all three officials are covered under the county's blanket bond.

"Nevada Revised Statutes section 258.020 authorizes a county to provide a blanket fidelity or position bond for all elected county officials except for the county treasurer," Hicks wrote about Jackson and Pierini.

He said that EnEarl as an elected county official is covered under the same bond.

In the conclusion to his order, Hicks pointed out that Matlean failed to indicate why the officers' failure to have a bond deprived him of his rights.

"Contrary to plaintiff's assumption, the mere fact that defendants may have failed to obtain the required bonds does not mean that any act taken pursuant to their official duties violates the Constitution," he said. "Thus, even if, as plaintiff alleges, defendants acted without the required bonds, plaintiff has failed to present any evidence suggesting that defendants violated his constitutional rights."

James Matlean is accused of the Feb. 21, 2008, shotgun slaying of his roommate's ex-husband in the Wildhorse neighborhood of northern Carson Valley.

Matlean claimed that because none of three had a bond on file with the county, they did not have the authority to pursue a traffic ticket issued to Matlean on July 18, 2008.

He was arrested June 9 after investigators filed for an arrest warrant in East Fork Justice Court.

His father's legal issues started the following summer when a Nevada Highway Patrol trooper cited the elder Matlean for driving without a license, no proof of insurance in his vehicle and not having a front license plate.

David Matlean appeared in court on Sept. 10, 2008, where he sought to have charges dismissed, something EnEarl denied. He then filed a freedom of information act request and learned that EnEarl, Jackson and Pierini didn't have individual bonds filed with the recorder's office.

The next week he tried to get the charges moved to federal court and EnEarl denied the request again. EnEarl ordered Matlean to appear in court and when he didn't show up, EnEarl issued a warrant for his arrest.

Matlean was arrested Jan. 3, 2009, and held in jail until Jan. 10, 2009. The next month, he filed his federal lawsuit seeking $100 million in damages.