In the motion to dismiss defendants state that "Plaintiff's only remaining claim is his Sixth Cause of Action alleging of unlawful arrest. # 37).ĭefendants are somewhat unclear regarding which causes of action they concede remain. # 38).ĭefendants now move for partial dismissal of plaintiff's complaint. On January 8, 2015, the court granted the parties' stipulation to dismiss defendants Frank Carbone and Donna Cox with prejudice. Demeo, and deputy sheriffs Mark Murphy and Crystal Barajas in their individual and official capacities. Plaintiff has also named Nye County sheriff Tony L. Defendant has named Nye County, by and through the Nye County Commissioners Andrew "Butch" Borasky, Dan Schinhofen, Lorinda Wichman, Gary Hollis, Joni Eastly, Frank Carbone, and Donna Cox, all in their individual and official capacities. Plaintiff filed his complaint on August 20, 2014, asserting numerous causes of action under 42 U.S.C. Plaintiff asserts that the jury acquitted him of this charge.
#Tony demeo for sheriff trial
In September 2012, plaintiff proceeded to trial on the felony charge of resisting a public officer with the use of a deadly weapon. The government charged plaintiff initially with assault with a deadly weapon upon a police officer (two counts), resisting arrest, obstructing a police officer, intimidating a police officer, and domestic violence. # 1 at 8).įrom the hospital, plaintiff was transported to Nye County Jail where he was booked, and placed into a cell for approximately 30-32 hours. Plaintiff waited in the patrol car until an ambulance arrived to transport him to Desert View Hospital in Pahrump, Nevada. Then, defendant Murphy and "another Deputy Sheriff picked him up by his hair and forced him into the patrol car. According to plaintiff, sheriff Murphy then lifted plaintiff off of the floor by his arms and dragged him outside of the trailer.
Plaintiff alleges that he lost consciousness while being tased and awoke to defendant Murphy on top of him and wrestling him into handcuffs. Plaintiff alleges that, after he refused to obey the sheriffs' instructions, sheriff Barajas "attacked" him with a taser. Plaintiff refused to cease filming and also refused to disarm. Both sheriffs Murphy and Barajas repeatedly instructed plaintiff to stop filming and to disarm. # 1 at 7).ĭeputy sheriff Crystal Barajas arrived on scene and entered the trailer. Plaintiff asserts that he was legally carrying the sidearm.
Sheriff Murphy instructed plaintiff to stop using the video camera. Plaintiff continued to record the interactions between Earl and sheriff Murphy. Deputy sheriff Mark Murphy first arrived at Earl's trailer. # 1 at 6).Īccording to plaintiff, he attempted to record with a video camera the interactions between Earl and Darla before the sheriffs arrived. Plaintiff believes Darla called the Nye County sheriff's office to report domestic violence committed against her. The trailer is located on a rural 1.5 acre lot in Pahrump. Plaintiff was at the trailer with Earl and Darla.
The dispute was between plaintiff's son, Earl, and Earl's girlfriend, Darla. Sheriffs Mark Murphy, Crystal Barajas, and "another county sheriff" ("the sheriffs") responded to a domestic violence call at plaintiff's son's trailer. This case stems from a May 7, 2011, incident between plaintiff Samuel Jones and Nye County sheriffs. # 46), and defendants filed a reply (doc. Plaintiff Samuel Jones filed a response (doc. Presently before the court is defendants' Nye County, et al.'s motion for partial dismissal.
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