71°F
weather icon Clear

Vindictive prosecution case returns to court

Boulder City will have the opportunity present evidence at a hearing in June about a vindictive prosecution case involving a former resident who was arrested while protesting a police-sanctioned crosswalk enforcement event.

The case stems from the June 8, 2016, arrest of former resident John Hunt.

In October 2018, District Judge Richard Scotti ruled that the city had vindictively prosecuted Hunt and dismissed the case, saying it violated Hunt’s First Amendment rights. In January, the Nevada Supreme Court issued an order saying it would not grant Boulder City’s request for a new trial.

According to records in Nevada’s Eighth District Court, Hunt’s attorney, Stephen Stubbs, filed a motion for final judgment in January, asking for payment for attorney’s fees and litigation expense.

City Attorney Steve Morris filed a motion opposing it.

“After hearing argument from the parties and taking the matter under consideration, Judge Scotti denied Mr. Hunt’s motion and granted the city’s request for an evidentiary hearing,” Morris said.

The hearing is scheduled for 10 a.m. June 11 at the Regional Justice Center in Las Vegas.

“Steve Morris asked for an evidentiary hearing on his vindictive prosecution, so I get to call witnesses and ask questions,” Stubbs said. “Nothing will be presented about the facts of the actual case.”

Morris said by denying the motion, Scotti “struck his prior minute order, which found the city vindictively prosecuted Mr. Hunt and violated his First Amendment rights.”

“The evidentiary hearing on the criminal matter is set for future briefing and argument before Judge Scotti, and we are pleased that Judge Scotti struck his prior minute order and has given the parties the opportunity for a full evidentiary hearing on the issues,” he added.

Hunt also filed a complaint in U.S. District Court against the city; Judge James C. Mahan ruled that the city did not violate Hunt’s constitutional rights.

Hunt appealed that ruling in the United States Court of Appeals for the Ninth Circuit. On April 1, that court upheld Mahan’s ruling.

“We appreciate the decision of the judges, and their ruling is a complete vindication of the spurious allegations made by Hunt and his attorney against the city,” Morris said.

Stubbs said they will be appealing the Ninth Circuit Court’s decision.

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Shakespeare returns to BC

This past Friday evening, a large and appreciative crowd turned out for the Nevada Shakespeare Festival’s performance of “Henry V” in Bicentennial Park. The performance was hosted by Main Street Boulder City and the Boulder City Chamber of Commerce. NSF featured six actors and actresses, who each played six to eight characters during the 80-minute performance.

Council receives update on pool

The Boulder City Council received an update last week on the new community pool and were shown renderings of what the new facility may look like and a possible completion date.

Six seeking city council seats

A half-dozen Boulder City residents signed on the dotted line seeking office for mayor and city council.

Track teams have another good showing

Both Boulder City High School track and field programs are off to a hot start, each winning a weekday event at 4A Spring Valley.

When the math doesn’t add up

The talk among some in town this past week or so has surrounded the Clark County School District’s plan to save money as enrollment numbers decrease.

Eagles start season in style on the diamond

Boulder City High School baseball picked up their first victory of the season on March 5, upsetting 5A Foothill, 6-5.

Track teams shine at home meet

Hosting a weekday event on March 4, both the girls and boys Boulder City High School track and field programs showed off their strengths.

Volleyball team evens record at 4-4

Advancing to 4-4 on the season, Boulder City High School boys volleyball earned impressive victories over higher classified Green Valley and Silverado.

Newsom stops in BC

Last Wednesday, California Gov. Gavin Newsom made a stop in Boulder City at the home of Judy Hoskins during an invitation-only gathering to help promote his new book, “Young Man in a Hurry.” He appeared at an event later that night in Las Vegas.