Asher et al v. Pacific Legends West Condominium Association et al
Filing
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JUDGMENT in favor of G. Officer McGhie, J. Destito, R. Orth and against Kimberly Dawn Asher and Scott Ray Asher. Signed by Chief Judge Robert C. Jones on 3/11/2013. (Copies have been distributed pursuant to the NEF - SLR)
Case 2:08-cv-00914-RCJ-RJJ Document 127
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Filed 02/21/13 Page 1 of 2
Marquis Aurbach Coffing
Craig R. Anderson, Esq.
Nevada Bar No. 6882
Micah S. Echols, Esq.
Nevada Bar No. 8437
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: (702) 382-0711
Facsimile: (702) 382-5816
canderson@maclaw.com
mechols@maclaw.com
Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SCOTT RAY ASHER; KIMBERLY ASHER,
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Plaintiffs,
Case No.:
2:08-cv-00914-RCJ-RJJ
vs.
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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OFFICER. R. ORTH, P#6475; OFFICER G.
MCGHIE, P#2883 and OFFICER J. DESTITO,
P#4056,
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Defendants.
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JUDGMENT UPON JURY VERDICT
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This case, having been tried before a jury on February 4, 5, 6, and 7, 2013, and the jury
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unanimously deciding that Defendants Gordon McGhie, Joseph Destito, and Robert Orth had
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probable cause to both arrest Scott Asher and search his residence based upon the facts
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presented, the Court now enters Judgment upon the jury verdict.
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All of Plaintiffs’ claims against all the Defendants in this action have previously been
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resolved by written order, with the exception of Scott Asher’s 42 U.S.C. § 1983 claim alleging
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Fourth Amendment violations, as well as the alternative claim for attorney fees under 42 U.S.C.
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§ 1988. The Court also specifically held that Plaintiff Kimberly Asher was a party to this case
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through the duration of trial for the purpose of potentially recovering damages, depending upon
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the measure of damages, if any, awarded by the jury.
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Because the jury has found that Defendants McGhie, Destito, and Orth acted with
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probable cause for both the arrest and the search of the Asher’s residence, the 42 U.S.C. § 1983
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Case 2:08-cv-00914-RCJ-RJJ Document 127
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claim is dismissed and resolved in favor of Defendants. Since Plaintiffs did not prevail on their
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42 U.S.C. § 1983 claim, Plaintiff’s 42 U.S.C. § 1988 claim is also hereby dismissed.
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Any claim or request for damages made by Plaintiffs Scott Asher and Kimberly Asher
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that has not previously been specifically itemized in a written order against any of the parties in
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this action is hereby dismissed.
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IT IS SO ORDERED.
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Dated this ___ day of __________, 2013.
this 11th day of March, 2013.
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Honorable Robert C. Jones,
Chief Judge, United States District Court,
District of Nevada
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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Submitted by:
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MARQUIS AURBACH COFFING
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By:
/s/ Micah S. Echols
Craig R. Anderson, Esq.
Nevada Bar No. 6882
Micah S. Echols, Esq.
Nevada Bar No. 8437
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendants
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