Fired cops want Dersch suit delayed

Rachael Levy

Thursday, Feb. 29, 1996 | 11:59 a.m.

Three fired Metro Police officers linked to an alleged beating of a homeless man want to temporarily stop his civil-rights lawsuit until their criminal trial is over.

Former officers Robert Phelan and Brian Nicholson and Sgt. James Campbell contend that they may incriminate themselves should they testify at the civil-rights trial.

The cops' attorney, William Terry, argued in a motion filed Wednesday that their testimony could be used against them in the criminal trial set for March 18. The officers are accused of oppression under the color of office, conspiracy and filing a false police report.

The cops originally were charged with battery against 39-year-old Andrew Dersch, a homeless Las Vegan with a history of petty theft convictions. The altercation occurred at the Fremont hotel-casino, where Dersch had been detained on suspicion that he was stealing coins from customers.

The officers' alleged blows were struck while they questioned Dersch at the Fremont. They also were accused of threatening to sodomize Dersch with a police baton.

While battery charges were dismissed last year because of legal and factual shortcomings, the civil-rights lawsuit continues to seek damages based on those claims.

The officers' attorney said there is a long legal precedent to put off a federal lawsuit until the state case is finished.

Terry added that a decision to stay the civil proceedings against the cops should not hinder Dersch from moving forward with his civil-rights case against Metro Police, its employees and attorneys, and the Fremont and its security guards.