RENO — Former Jackpot Recreation Director Richard Pike has filed a motion in federal court asking the court to recognize that the stalking it recognized in an earlier decision is designated as intentional emotional infliction, according to court documents.
The motion filed filed April 2 in U.S. District Court is an attempt to build on the court’s earlier opinion to not allow relitigation of Elko District Court’s decision that former Elko County Sheriff’s Deputy Brad Hester stalked Pike.
Tort law doesn’t recognize stalking, but does recognize intentional infliction of emotional distress.
Pike applied for and was granted a temporary protective order and an extension on that order against Hester in 2011.
In a hearing in December 2011, Pike appeared before District Judge Al Kacin and argued to have the TPO extended.
In extending the order, Kacin said that Pike proved Hester stalked and threatened him with a “stop and stare” tactic.
A federal judge found in his decision in early March that Kacin’s ruling in the protective orders could be used in Pike’s civil suit without being relitigated.
That especially applies to Kacin’s finding that Hester stalked Pike. One definition of stalking involves intentional infliction of emotional distress, which is one of Pike’s civil claims.
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“It is especially disturbing that this conduct occurred after Pike contacted (a deputy) in an effort to provoke an ‘internal affairs’ investigation of Hester,” Kacin said in his decision. “Hester did exceed his lawful authority as an Elko County Deputy Sheriff in willfully engaging in a course of conduct that would cause a reasonable person to feel intimidated.”
Hester did not appeal either TPO decision by the justice or district courts, said Sherburne M. Macfarlan III, who represented Hester at the time.
The partial summary judgment motion seeks to have the Elko County Sheriff’s Office held liable for Hester’s actions, as his supervisor.
Hester maintained in depositions that he was out of uniform and not on duty the night he searched Hester’s office with two other deputies at the Jackpot Recreation Center without a warrant.
Pike’s attorneys have filed additional partial summary judgment motions with the court, but those are under seal and not accessible to the public or the press.
Pike filed the civil case in May 2012, alleging that Hester illegally searched his office, told Pike’s boss that he did drugs and repeatedly stalked Pike and his two sons.
Pike named Hester, Elko County, the Elko County Sheriff’s Office, Sheriff Jim Pitts, former Undersheriff Rick Keema and Deputy Sean Munson in the suit. They have denied nearly all the allegations in the case.
Both parties have until May 8 to file more motions before the case moves forward.