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Pahrump, Nevada
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June 19, 1997     Pahrump Mirror
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June 19, 1997
 

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wl .% Acker Lawsuit Pahrump Valley Gazette, Thursday, June 19, 1997 25 4 cyl SZT.gS Regularly $42.95 6 cyl $42.95 Regularly $47.95 !i 8 cyl $47.95 Regularty S52.95 Includes: up To 6 q ts. Premium Multi-grade oils Continued from previous page against Nye County in late 1994 at U.S. District Court in Las Vegas. All 10 claims for relief, except the eighth, were termi- nated in plaintiffs' favor on the merits, the eighth being terminated solely on the grounds that it was barred by the statute of limitations. Acker, who is not an attor- ney, v;on summary judgment in her favor on all claims brought against her by Nye County and federal court ruled that the charges against her were completely without merit and had no basis of law. Acker had also requested " that the court impose sanc- tions against counsel for Nye County because of the outra- geous conduct taken by county counsel in order to intimidate, terrify and abuse the court system in their quest to illegally deprive Browne and Woods of monies due them. County counsel targeted by Acker in her request for sanctions included Nye County District Attorney Art Wehrmeister and Assistant District Attorneys Les Bradshaw, Bob Glennen, and Rachel Nicholson. Acker's request for sanctions was denied solely on the grounds that she did not bring it in compliance with federal rule of civil procedure 11. If Acker made a mistake by not being represented by an attorney in this previous court case, it has not been repeated. In a third generation lawsuit brought about by Nye County's illegal attempt to screw Browne and Woods out of their lawful share of the contingency fee, ( as has already deter- mined in federal court) in the AHS case, Acker has retained the services ofa high-powered Los Angeles law firm, Didak & Jack. On April 22, 1997, Didak & Jack filed case number CY- S-97-00472-LDG in U.S. District Court in Las Vegas on behalf of plaintiffs Gordon I. Hyde and Evan F. Acker Defendants named in the case are the County of Nye, Nevada, and the following as individuals and/or officials representing the County of Nye: Arthur F. Wehrmeister, Robert F. Glennen III, Rachel Nicholson, Douglas W. Larr, Famiglietti & Larr, Cameron McRae, Joseph M. Maslach, David Hannigan and Ira Copass. During the June 3, 1997, Nye County Commission meeting, McRae, Bradshaw and Nicholson were served papers notifying them of this pending court action. All defendants except Wehrmeister have presently been served. Wehrmeister is reportedly living in Taiwan. A jury trial has been requested. Hyde and Acker are suing for malicious prosecution, abuse of process, intentional infliction of emo- tional distress and violation of civil rights under 42 USC- 1983 and rights secured to them by the first, fifth and 14th amendments of the Constitution of the United States and the constitution and statutes of the states of Nevada and Califor- nia. Hyde and Acker's charges appear to have depth and be well-founded in that the foundation of their case rests on two underlying federal court cases already ruled favorable to them and against Nye County. They are seeking damages in excess of $21 million and their allegations include, but are not limited to, the following: I. That charges were brought against Acker and Hyde without probable cause and with actual malice in retaliation against plaintiffs for their refusal to join in a scheme to defraud Browne and Woods. That counterclaims were filed against the plaintiffs, some of which would constitute felo- nies, that were entirely false and the county defendant knew them to be false. "Acker had also requested that the court impose sanctions against counsel for Nye County because of the outrageous conduct taken by county counsel in order to intimidate, terrify and abuse the court system in their quest to illegally deprive Browne and Woods of monies due them" 2. These claims were made for the sole purpose of terrorizing, extorting, and harassing plaintiffs in order to punish them for refusing'to support Nye County and other defendants in their malicious and fraudulent action against special counsel, the objective being to cause plaintiffs to urge Browne and Woods to dismiss the fee action against Nye County and to abandon their rightful claim to share in the recovery against AHS. 3. Defendant local counsel (Larr and the law firm F&L) associated with Nye County district attorneys in prosecut- ing the counterclaims in California against Acker & Hyde. Local counsel made no effort whatsoever to determine whether or not the charges against Acker and Hyde were true or had merit as required by rule 11 or the laws of Nevada and Califomia. 4. For nearly three years the county defendants carried on a pattern of tn terrorem litigation, utilizing the courts and court process to harass, intimidate and multiply the cost of Acker and Hyde for defending the counterclaims. 5. On or about June 28, 1994, in violation of NRS 197.200 and USC 1001, defendants, by and through defen- dant Nicholson, filed in op- position in federal court to Acker's motion for summary judgment, which contained mis-statements and mis- representations of fact re- garding a lawsuit brought against Nye County by one of its insurers. Forom Insur- ance Co., designed to mis- lead the court into believing that the Forom suit was lost as a result of the actions of Acker and Hyde, when in fact it was lost as a result of the actions of the Nye County District Attorney's Office. 6. That by conducting themselves in an extreme and outrageous manner, the county defendants, knew or should have known, and in- tended, that Acker and Hyde 24 X 24 GARAGE. $5700 Pump Houses Patios Storage Sheds R.V. Shelters Concrete Work IF IT CAN BE BUILT "WE JUST DO IT" U.B.C. Construction Lic # 035076 (702) 727-8883 * $ 0 down - FHA or Conventional Financing Immediate Approval O.A.C. would thereby suffer extreme mental anguish and distress. That county defendants' actions in the regard were so successful that in the case of Acker, this included causing her to have a nervous breakdown and a brain hemorrhage from which she nearly died. As a result, she has permanent physical and cognitive impairments such that she can never again pursue her chosen profession. Further, she is now _, uninsurable. 7. That the county defen- dants acted under color of stat- ute, ordinance, regulation, custom or usage of the states of Nevada and California to subject Acker and Hyde of their rights, privileges, and im- munities secured by the Con- stitution and laws of the U.S. and the states of Nevada and California. In closing, I would like to ask the reader the following question: Is it possible, that the reason people in high Nye County government positions are so adamant in keeping Nicholson in her extraordinarily high-paid position as assistant county manager, is because they realize that if they don't hang together, they will surely hang separately? That is this man's opinion. 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