Judge dismisses suit filed by former NLV constable candidate

Greg Tuttle

Friday, Sept. 8, 2000 | 11:45 a.m.

A federal judge in Las Vegas has dismissed a lawsuit filed by Steven Bergstrom alleging his political rivals defamed him two years ago when he was running for the position of North Las Vegas constable.

U.S. District Judge Justin Quackenbush said in a ruling filed Thursday that Bergstrom's lawsuit against Constable Herb Brown, his campaign manager Mark Kincaid and North Las Vegas Justice of the Peace Steven Dahl did not belong in federal court.

"Bergstrom may have a viable claim in Nevada state court, but this court makes no judgment in that regard," Quackenbush said in ruling to dismiss the lawsuit.

Two of the claims included in the lawsuit -- intentional infliction of emotional stress and defamation -- are based on state law, Quackenbush said, removing any federal jurisdiction from the case.

Bergstrom's two remaining claims of malicious prosecution and violation of due process protections failed to meet legal standards for review by a federal court, Quackenbush said.

Bergstrom vowed this morning to continue his legal campaign in state court, saying he would refile the case in Clark County District Court within a week.

"These people have done things that are so atrocious, and I can't get it heard," said Bergstrom, who is acting as his own attorney. "It is absolutely not a question of whether there's been defamation of character. It's whether I can find an arena that has the guts to hear it."

Brown could not be reached for comment this morning. His attorney, Frank Cremen, said he was not surprised the federal lawsuit was dismissed.

"It never should have been filed in federal court," Cremen said.

Bergstrom filed the lawsuit last year after losing a contentious race to Brown in November 1998.