Court briefs for July 16, 2004

Friday, July 16, 2004 | 8:15 a.m.

Anesthesiologist's lawsuit reinstated

The 9th U.S. Circuit Court of Appeals on Thursday reinstated a lawsuit by a Las Vegas anesthesiologist who claimed his privileges were revoked at Sunrise Hospital because of his race.

The court said U.S. District Judge Lloyd George used the wrong standard in determining that the suit filed Dr. Godwin Maduka failed to detail sufficient facts to go forward.

George found there were "only conclusory allegations of racial discrimination" and they were not enough.

The court said George should reconsider his decision in light of a new ruling by the U.S. Supreme Court made a year after the judge dismissed the complaint.

Maduka, who is black, was involved in two incidents in 1999 at Sunrise in which there were allegations of improper treatment of patients. At a hearing of the Medical Center Fair Hearing Committee, Maduka was not permitted to cross-examine the two nurses who made the allegations and who did not appear at the hearing.

Maduka said he was treated differently than nonblacks who were in similar situations.

High court rejects candidate's claim

The Nevada Supreme Court on Thursday rejected a lawsuit filed by a Republican Senate candidate that alleged state Sen. Mike McGinness, R-Fallon, was ineligible to run for a fourth term.

The court said it would not intervene in the case at this point in the suit brought by John O'Connor of Fallon, who maintained McGinness is barred by a state constitutional amendment limiting a state senator to three terms or 12 years.

The voters in 1994 and 1996 approved a constitutional amendment to limit state senators and assemblymen to 12 years in office. McGinness was first elected to the Senate in the Central Nevada District in 1992 and won re-election in 1996 and 2000.

McGinness is up for election this year.

Legal opinions from the state attorney general's office and the Legislative Counsel Bureau say the constitutional amendment didn't take effect until 1998.

Statement may be used at trial

A statement made to Metro Police by a man now facing murder charges can be used at his trial, even though, before reading him his Miranda rights, the officers told the man he had to cooperate because he was on probation.

District Judge Stewart Bell, the former Clark County district attorney, ruled that the tactics used by the detectives were not confusing and therefore didn't violate the constitutional rights of Aaron Daniels, 20.

Daniels is charged with murder with use of a deadly weapon, conspiracy to commit robbery, robbery with use of a deadly weapon, and first degree kidnapping with use of a deadly weapon in the killing of jewelry kiosk owner Anthony Limongello in May 2003.