78°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
Council tees up leash vote — again

In an otherwise quiet meeting this week, the city council, with Mayor Joe Hardy absent due to attendance at the meeting of the Nevada League of Cities, with Mayor Pro Tem Sherri Jorgensen presiding teed up a possible vote on two of the most contentious items on the council’s plate in to past couple of years.

Council approves allotments for Liberty Ridge

When the story from last week’s issue of the Boulder City Review concerning the approval of a temporary map for the coming Liberty Ridge development hit social media, the outcry was swift.

Hinds eyes rare four-peat on the course

The word phenom is defined as a person who is outstandingly talented or admired, especially an up-and-comer.

New plan for former Vons

For several years, the former Vons building on Boulder City Parkway has sat empty. But a big step was taken last week to change that.

Council gives Thomas high six-month marks

At just more than six months on the job, City Manager Ned Thomas does not need to be worried about keeping the gig as city council members gathered Wednesday morning for an earlier-than-normal performance evaluation and every comment from every member present (Councilwoman Sherri Jorgensen was absent) could be fairly characterized as stellar.

City votes to join regional council

If one is offered an equal seat at the table on a regional group that advises on policy for an area where that person’s population is equal to .005% of the total region at a cost of $5,000 per year, does that sound like a pretty good deal?

BCPD awarded traffic safety grants

Boulder City Police Department will, once again, be participating in the Joining Forces traffic safety campaign. More than 30 law enforcement agencies across the state of Nevada will team up to focus on traffic safety awareness and enforcement. The campaign series will run from October 2025 through September 2026.

More RV storage? Council approves appraisal for possible future project

The old Vons building is not the only place in the mix for future RV storage. (See story on page 1.) The city is also eyeing a possible future facility in the area where Veterans Memorial Drive and Yucca Street come together.

BCHS takes part in earthquake drill

In a way, it had that Cold War-era feel to it when students a half-century ago were trained to duck and take cover under their desks in the event of a nuclear bomb attack.