Woman suing police claims unconstitutional conspiracy

Tom Gardner

Tuesday, June 22, 1999 | 9:30 a.m.

RENO, Nev. - The woman suing Sparks police for allegedly humiliating her when she reported being raped has urged a judge to reject the city's motion to dismiss her damage suit.

"This is not a case about rude policemen," attorney Marc Picker wrote in the response filed on Monday in U.S. District Court.

"Plaintiff Jennifer W. was raped and kidnapped. She reported the crime to the Sparks police department. ... She was disbelieved, called a liar and threatened with arrest and prosecution. ... The police did not investigate Jennifer W.'s assault in good faith. Instead, they discriminated against Jennifer W. based on her protected status as a woman and a victim of rape."

Picker said the woman was unconstitutionally "deprived of her civil rights and injured as a result of the conspiracy."

Jennifer, who does not want her full last name used, is a 24-year-old junior at the University of Nevada at Reno who sued Sparks police, the chief and three other members of the force March 17 for nearly $1 million, alleging that her civil rights were violated and that police were negligent.

The city of Sparks has sought dismissal of her suit, claiming that police responded to her rape claim properly and that they pursued it diligently until their investigation determined that it was unfounded.

They also deny calling her a liar.

Sparks City Attorney Chet Adams said he had not seen Monday's filing, which was sent by regular mail, and could not comment until he had a chance to read it.

Jennifer W.'s suit seeks a minimum of $900,000 in damages from police, the chief and the city.

She said the investigators' indifference after her rape in November allowed the January rape of a 17-year-old Sparks woman.

It was only after two men were arrested in that case that police acknowledged her story.

Timothy Mobly, who pleaded guilty to both rapes, jumped bail and skipped his April 30 sentencing. Aaron Cross, who admitted raping the 17-year-old and taking part in Jennifer's kidnapping, could not make bail and was sentenced to consecutive life terms. He'll be eligible for parole in 20 years.