Supreme Court rejects appeal in former candidate’s suit

Thursday, Dec. 16, 2004 | 9:21 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Wednesday rejected the request of Steve L. Bergstrom, an unsuccessful candidate for North Las Vegas constable in 1998, who filed a defamation suit against his opponent and two others.

Bergstrom asked the Supreme Court to order a trial in his suit against Herb Brown, who defeated Bergstrom in the election, along with Mark Kincaid and Judge Stephen Dahl.

A campaign flier was distributed against Bergstrom saying he lacked the job qualifications and intimated that Bergstrom had racist views. The flyer said Bergstrom did not have any qualifications as a police officer and had not received certified police officer training.

Bergstrom had completed a law enforcement academy in California and had worked as a police officer for about one year in Santa Rosa, Calif.

The Supreme Court said, "Like public figure defamation, a valid claim for being placed in a false light requires a false statement of fact, as well as actual malice. Recovery is barred when the published information is found to have been true, mere opinion or pure rhetorical hyperbole."

The unanimous opinion said that in this case the "campaign mailer's qualification comments and other alleged statements constitute mere opinion and /or non-defamatory political hyperbole and are non-actionable as a matter of law."

The court said District Judge Mark Denton was correct when he dismissed the defamation against Dahl and Brown.

There was an arbitration procedure in the Kincaid suit and it ended in Kincaid's favor. The judge also struck Bergstrom's motion for a trial on the arbitration judgment.

The arbitration decision said that Bergstrom failed to participate in good faith in this process. Bergstrom failed in the arbitration process to present witnesses and documents, did not engage in discovery, failed to attend the final arbitration hearing or present any evidence.

The Supreme Court said, "We agree that substantial evidence demonstrates Bergstrom's failure to participate in good faith in the arbitration proceedings." The court said the rules hold that a person who fails to participate in good faith in arbitration proceedings waives his right to a trial to present all new evidence.

A complaint was also filed with the state Ethics commission that in January 1999 fined Brown $10,000 for distributing false campaign information. A suit was filed by Brown and an out-of-court settlement was reached for Brown to pay a $500 penalty.