moonin, yarnall, and lee v. nevada
DESCRIPTION
Complaint and Jury Demand.TRANSCRIPT
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Kenneth J. McKenna 544 W. First St. Reno, NV 89503 (775) 329-6373 Attorney for Plaintiff
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
MATT MOONIN, DONN YARNALL, and ERIK LEE, Plaintiffs, vs. COMPLAINT AND JURY DEMAND STATE OF NEVADA, ex rel. its DEPARTMENT OF PUBLIC SAFETY HIGHWAY PATROL, LAS VEGAS METROPOLITAN POLICE DEPARTMENT, CITY OF LAS VEGAS, CLARK COUNTY, DOUG GILLESPIE- Sheriff, DAVE LEWIS,""JOHN STEWART,"KEVIN TICE,THOM JACKSON,""JIM PETERSON,"WAYNE PROSSER,"CHARLES HAYCOX,"BRIAN SANCHEZ,"HUGH SHOOK,"TODD ELLISON,"ERVIN RAAB,"BEN LEONARD,"LUIS ZAPATA,"DONALD DICE,"CHRIS PERRY individually and in his official capacity,"PAT GALLAGHER,""GREG ZEIL, DALE JAEGER, MEL ENGLISH, TOM HIGGINS, MARK RISPOLI, MAKOR K-9. DOES 1-9, inclusive and CORPORATIONS 10-14. Defendants. ______________________________________________/
COMES NOW Plaintiffs MATT MOONIN, DONN YARNALL and ERIK LEE, by
and through their attorney of record, KENNETH MCKENNA, ESQ., hereby complains of
named Defendants as follows:
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Parties and Jurisdiction
1. Plaintiff MATT MOONIN is an adult, competent man who was employed by resides
in Las Vegas and is employed by Defendant in the State of Nevada. All acts,
statements, and omissions alleged herein occurred in Las Vegas, State of Nevada.
Plaintiff hereby requests a jury trial relative to all issues so triable.
2. Plaintiff ERIK LEE is an adult, competent man who resides in Reno and is employed
by Defendant in the State of Nevada. All acts, statements, and omissions alleged
herein occurred in Reno and Las Vegas, State of Nevada. Plaintiff hereby requests a
jury trial relative to all issues so triable.
3. Plaintiff, DONN YARNALL, is an adult, competent man who resides in Las Vegas,
and was employed by Defendant and a citizen in the State of Nevada. All acts,
statements, and omissions alleged herein occurred in Reno and Las Vegas, State of
Nevada. Plaintiff hereby requests a jury trial relative to all issues so triable.
4. On information and belief, Defendant State of Nevada, Department of Public Safety
Highway Patrol (hereinafter referred to “NHP”) is a governmental entity providing
law enforcement traffic services and was Plaintiffs’ employer at all times relevant.
5. On information and belief, Defendants City of Las Vegas, Clark County,
Metropolitan Police Department (hereinafter referred to “LVMPD”) is a city and
county governmental entity providing law enforcement services and worked in
conjunction with NHP and Plaintiffs’ employer at all times relevant.
6. On information and belief, Defendant Doug Gillespie, is the Sheriff of the Las Vegas
Metropolitan Police Department and is responsible for providing law enforcement
services and working in conjunction with NHP and Plaintiffs’ employer at all times
relevant.
7. On information and belief, Defendant Dave Lewis is employed by Nevada Highway
Patrol as a Sergeant. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
8. On information and belief, Defendant John Stewart is employed by Nevada Highway
Patrol as a Lieutenant. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
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9. On information and belief, Defendant Kevin Tice is employed by Nevada Highway
Patrol as a Deputy Chief. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
10. On information and belief, Defendant Thom Jackson is employed by Nevada
Highway Patrol as a Captain. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
11. On information and belief, Defendant Jim Peterson is employed by Nevada Highway
Patrol as a Captain. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
12. On information and belief, Defendant Wayne Prosser is employed by Nevada
Highway Patrol as a Sergeant. Nevada Highway Patrol is a state entity providing
law enforcement including, but not limited to, traffic services to the motoring public.
13. On information and belief, Defendant Charles Haycox is employed by Nevada
Highway Patrol as a Lieutenant. Nevada Highway Patrol is a state entity providing
law enforcement including, but not limited to, traffic services to the motoring public.
14. On information and belief, Defendant Brian Sanchez is employed by Nevada
Highway Patrol as a Deputy Chief. Nevada Highway Patrol is a state entity
providing law enforcement including, but not limited to, traffic services to the
motoring public.
15. On information and belief, Defendant Hugh Shook is employed by Nevada Highway
Patrol as a Trooper. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
16. On information and belief, Defendant Todd Ellison is employed by Nevada Highway
Patrol as a Lieutenant Colonel now, promoted from Captain. Nevada Highway
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Patrol is a state entity providing law enforcement including, but not limited to, traffic
services to the motoring public.
17. On information and belief, Defendant Ervin Raab is employed by Nevada Highway
Patrol as a Trooper. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
18. On information and belief, Defendant Ben Leonard is employed by Nevada Highway
Patrol as a Trooper. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
19. On information and belief, Defendant Luis Zapata is employed by Nevada Highway
Patrol as a Sergeant. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
20. On information and belief, Defendant Donald Dice is employed by Nevada Highway
Patrol as a Trooper. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
21. On information and belief, Defendant Chris Perry is employed by The Department of
Public Safety as a Director. The Department of Public Safety is a state entity
providing law enforcement including, but not limited to, traffic services to the
motoring public.
22. On information and belief, Defendant Pat Gallagher is employed by Nevada
Highway Patrol as a Captain. Nevada Highway Patrol is a state entity providing law
enforcement including, but not limited to, traffic services to the motoring public.
23. On information and belief, Defendant Greg Zeil is employed by the Las Vegas
Metropolitan Police Department as a Sergeant. Las Vegas Metropolitan Police
Department is a city entity providing law enforcement including, but not limited to,
traffic services to the motoring public.
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24. On information and belief, Defendant Dale Jaeger is employed by the Las Vegas
Metropolitan Police Department as a Detective. Las Vegas Metropolitan Police
Department is a city entity providing law enforcement including, but not limited to,
traffic services to the motoring public.
25. On information and belief, Defendant Mel English is employed by the Las Vegas
Metropolitan Police Department as an Officer. Las Vegas Metropolitan Police
Department is a city entity providing law enforcement including, but not limited to,
traffic services to the motoring public. Defendant Mel English is also a business
partner with Defendant Mark Rispoli, who resides in the state of California.
26. Mark Rispoli is an adult competent man, who resides in the State of California.
27. On information and belief, Defendant Makor K-9, is a company which provides
services of canine training throughout the United States.
28. On information and belief, Defendant Tom Higgins is employed by Nevada
Highway Patrol as a Sergeant. Nevada Highway Patrol is a state entity providing
law enforcement including, but not limited to, traffic services to the motoring public.
29. Jurisdiction of this Court is invoked pursuant 42 U.S.C. §§ 1983 and 1985.
Facts
30. In 2002, Department of Public Safety Director James Kirkland initiated an internal
audit of the failed, Nevada Highway Patrol Drug Detection Dog Program. The audit
found the program to have been rife with mismanagement with an overall lack of
supervision, accountability, reliability, credibility, and productivity. The audit
concluded the failure of the program to have been caused by a lack of structure, clear
written practices, policies and procedures, standardized training and performance
standards, meaningful standardized certifications, and decentralized management. $31. In 2007, Nevada Governor Jim Gibbons ordered Nevada Department of Public
Safety (hereinafter referred to as “NVDPS”) Director Jerald Hafen (hereinafter
referred to as “Director Hafen”) to investigate and implement a new K9 Unit.
Intelligence information had shown that drug cartels were employing Nevada
highways as main corridors for the smuggling of illegal narcotics and large amounts
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of narcotics proceeds (cash) across the nation. There was also a nexus between the
drug smugglers and international terrorism. These same smugglers were also
supplying the illegal drug trade in many Nevada communities.
32. Director Hafen directed the Chief of Nevada Highway Patrol (hereinafter referred to
as “NHP”), Colonel Chris Perry (hereinafter referred to as “Colonel Perry,”) to
develop a K9 implementation plan. Colonel Perry was very vocal about his
opposition to any K9 operation running within NHP or NVDPS.
33. Colonel Perry eventually presented a plan to Director Hafen in which
implementation would take 2 full legislative sessions (4 years), at a cost of $3.5
Million.
34. Finding Colonel Perry’s Plan unsatisfactory, Director Hafen reassigned the task to
Investigations Deputy Chief J.V. Gagnon (hereinafter referred to as “Deputy Chief
Gagnon”).
35. The reassignment angered and embarrassed Colonel Perry who directly informed
Director Hafen that he wanted nothing to do with the K9 Program. Colonel Perry
openly informed his subordinates that he now hated Deputy Chief Gagnon and
Director Hafen. Colonel Perry vowed to destroy the K9 Program as well as any new
programs implemented by Director Hafen. Colonel Perry stated in a command staff
meeting, “I am going to unfuck everything Hafen fucks up”.
36. Director Hafen advised Deputy Chief Gagnon that both he and Governor Gibbons
sought to create the very best K9 Unit and Program in the Country. Director Hafen
further directed that the training and subsequent deployment of the K9 teams shall
ensure reliability and that all citizen Constitutional Rights be ensured and protected.
37. Deputy Chief Gagnon conducted an extensive fact finding investigation to compile
all the best practices. Deputy Chief Gagnon’s research revealed some disturbing
practices within the law enforcement drug dog community; some even possibly
illegal.
38. After an exhaustive investigation, Deputy Chief Gagnon submitted a comprehensive
K9 Program Implementation Plan. Deputy Chief Gagnon’s research revealed that a
centralized management/supervisory/training structure was crucial for success,
reliability, and accountability. Deputy Chief Gagnon also found, as a unique law
enforcement unit, any K9 Program required unique in house
management/supervisory subject matter expertise and insights to manage and
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supervise the K9 Program properly. In any K9 operation, weak, fragmented
management/supervision as well as out sourcing training and accountability to
civilian vendors or outside law enforcement agencies is counterproductive and an
invitation to misconduct. Deputy Chief Gagnon’s K9 Implementation Plan therefore
called for a stand-alone, in house, centralized management/supervisory/training
structure that ensured NVDPS K9 Teams received, attained, and maintained the
highest level of training and proficiency possible. The K9 Program would also be
entirely funded by the lawfully seized proceeds from illegal drug operations.
39. The K9 Implementation Plan was timely approved by Governor Gibbons, Director
Hafen, and the Nevada State Legislature.
40. The K9 Implementation Plan based much of the Unit’s success on hiring a full time,
expert contractor. The hired contractor’s responsibilities would include, but would
not be limited to, developing and writing comprehensive and standardized policies
and procedures, training plans(to include a written Nevada Peace Officer Standards
and Training course curriculum), evaluation processes and certifications. The hired
expert would be select and procure the dogs traveling extensively to locate and
procure the best canines available. The contracted expert would eventually train K9
Instructor’s to assume his/her role within the Unit. The implementation plan was a
two (2) year plan with written policies and training plans completed within year one
and the training of instructors and evaluators part of the second year of development.
41. A one year contract for employment, and the position’s requirements, were
advertised nationwide. The contract (to be renegotiated for renewal after one year
for purposes of continuity and expansion) was awarded to retired Los Angeles Police
Department Chief K9 Trainer Sergeant II Donn Yarnall (hereinafter referred to as
“Sgt. Yarnall.”) Sgt. Yarnall is considered by many as the premier police service
dog trainer in the United States. Yarnall’s vast experience, accomplishments, and
expertise are unmatched.
42. Nevada Friends of K9, a not for profit citizen volunteer group was established to
facilitate the purchase of the highly skilled dogs necessary for the specialized
training and reliable deployments required by the NVDPS K9 Program. Nevada
Friends of K9 is comprised of prominent Nevada business persons and community
volunteers. Funds are generated through community fund raising events and
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corporate donations. The dogs are purchased and donated to the State of Nevada at
no cost to the state.
43. Director Hafen and Deputy Chief Gagnon developed a three year K9 Program Plan
that adhered to the K9 Implementation Plan requirements. The K9 Program Plan set
out guidelines for structure, goals, and general timelines for expansion and progress.
The K9 Program Plan addressed, and countered, the problems experienced in the
prior, failed NHP K9 Program as well as the problems Deputy Chief Gagnon had
witnessed during his exhaustive investigation.
44. Deputy Chief Gagnon developed a K9 Handler selection process and six NHP
Troopers were selected. Recognizing that in any highway drug interdiction
operation all good drug detector dog deployments begin with a legal traffic stop and
a legal investigation, Plaintiff, NHP Trooper Matthew Moonin (hereinafter referred
to as “Trooper Moonin,”) a nationally recognized and highly respected highway drug
interdiction expert and instructor, was recruited to provide high level instruction,
expertise, and advice in highway drug interdiction - in addition to handling a drug
detection dog. Police Officers Keith Gordon (hereinafter referred to as “Trooper
Gordon,”) and Neil Ferguson (hereinafter referred to as “Trooper Ferguson,”), both
very experienced and successful K9 handlers from another law enforcement agency
with experience in managing law enforcement K9 programs, were recruited from
that agency to assist in the development and evolution of the new K9 Program.
Troopers Gordon and Ferguson, both senior members of the Southern Nevada law
enforcement community, left their agency and absorbed a significant salary reduction
in order to join NHP and its new K9 Program. Troopers Gordon and Ferguson
completed the NHP hiring process and the NHP Academy in Carson City, Nevada.
Trooper Erik Lee (hereinafter referred to as “Trooper Lee,”) was selected because of
his extensive detector dog experience while deployed in Iraq as a member of the
United States military. NHP Trooper Shawn Haggstrom was selected because of his
prior experience as a handler of police patrol and detector dogs in another law
enforcement agency. NHP Trooper William West (hereinafter referred to as
“Trooper West,”) was selected for his demonstrated integrity, honesty, teamwork,
initiative, and can do attitude.
45. Organizationally, the K9 Unit was placed under the Investigations Division of
NVDPS and Deputy Chief Gagnon was named the Manager and Officer in Charge.
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46. In order to assure NVDPS/NHP adhered to industry and lawful standards from the
inception, Sgt. Yarnall developed and submitted preliminary industry standard
written practices and policies to be used by NVDPS until permanent practices and
policies specific to the organizational structure, specific needs and requirements of
NVDPS could be developed.
47. The K9 Academy was scheduled to begin September of 2008. Although no funding
for the K9 Program was available until that date, dogs needed to be selected,
procured, and assigned to the new handlers prior to the start of training. Without
compensation and at his own expense, Sgt. Yarnall drove over 3,000 miles locating,
testing, selecting, and procuring dogs for the new handlers. The travel expenses and
time were never reimbursed by NHP.
48. On or about August, 25th, 2008, a one week K9 Orientation Class for the new
handlers was held at NHP Southern Command in Las Vegas, Nevada. A welcome
speech was given by Director Hafen. Colonel Perry was supposed to also give a
motivational welcome speech, but instead, Colonel Perry issued a thinly veiled
warning informing the audience of wide eyed, eager new handlers that people did not
like them, people did not want them, that they were starting the new K9 Program
with two strikes against them; Colonel Perry informed the new handler they would
be wise to watch their backs. The K9 Handlers were issued equipment, K9 vehicles,
and spent the remainder of the week getting to know their dogs and attending
lectures.
49. On or about August 26th, 2008 at the abrupt insistence of Colonel Perry, the K9
Program was organizationally transferred out from under the Investigations Division
and relocated to NHP. This restructuring placed the K9 Program and Deputy Chief
Gagnon under the direct control of Colonel Perry. Colonel Perry selected Deputy
Chief Brian Sanchez (hereinafter referred to as “Deputy Chief Sanchez,”) as the
immediate supervisor; Deputy Chief Sanchez was a Perry confidant.
50. On or about September 2, 2008 the first day of the K9 Academy started with all six
dogs and handlers. Two weeks into the required, 400 hour training, Colonel Perry
abruptly ordered Troopers Gordon and Ferguson pulled out of training to attend a 6
week “Specifics Training” course. Specifics Training is mainly classroom
instruction on the core Highway Patrol duties such as accident investigation, ticket
writing and the proper use of forms. Troopers Gordon and Ferguson possessed over
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15 years of Nevada law enforcement experience and both Troopers had already
completed NHP Police Academy training.
51. Troopers Gordon and Ferguson had been recruited into the NVDPS K9 Program to
facilitate and assist in the implementation of the K9 Program. Their abrupt removal
from the K9 Academy and reassignment to a 6 week “Specifics” training course by
Colonel Perry violated the clear intent of the directives issued by Director Hafen, and
had a significant, negative effect on the planned progress and evolution of the K9
Program.
52. Following removal, Colonel Perry was provided this material information by both
Director Hafen and Deputy Chief Gagnon. However, Colonel Perry ordered
Troopers Gordon and Ferguson to interrupt K9 training to attend Specifics classes
for the next six weeks.
53. Colonel Perry’s erroneous decision caused significant disruption in the continuity of
the K9 training as well as the planned timeline for initial deployment and program
evolution. Highway drug interdiction training by Trooper Moonin was interspersed
throughout the K9 Academy and was absolutely necessary for lawful drug dog
deployments and long term K9 Program success. Colonel Perry’s personal
interference prevented Troopers Gordon and Ferguson from receiving critical
training.
54. Acts of sabotage, revenge, and retaliation orchestrated by Colonel Perry, and carried
out by his subordinates, escalated in number and severity over the following three
years. The harm caused to civilian and law enforcement alike was foreseeable and
imminent.
55. In the 4th week of the K9 Academy, Deputy Chief Sanchez informed Deputy Chief
Gagnon that Sgt. Yarnall was required under contract to develop and submit a K9
Practices and Policies Manual. Deputy Chief Gagnon explained to Deputy Chief
Sanchez that appropriate, temporary policies and procedures were in place that had
been approved by Director Hafen. Deputy Chief Gagnon further explained to
Deputy Chief Sanchez that the plan was for Sgt. Yarnall to develop detailed practices
and policies as the needs of the NVDPS evolved and the after the current K9
Academy was completed. Deputy Chief Sanchez told Deputy Chief Gagnon the
delay was unacceptable and Sgt. Yarnall was required by contract to complete the
assignment immediately or face termination.
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56. Since Sgt. Yarnall was contractually limited to a 40 hour work-week, and if Sgt.
Yarnall used his allowable hours to draft the policies and procedures manual as
erroneously ordered, training would have had to abruptly stop causing disastrous
results. Instead, as a true professional committed to the program’s success, Sgt.
Yarnall worked on the manual after his ten (10) hour training days and on weekends
thereby completing the manual totally on his personal time and without any pay.
57. After donating approximately sixty hours to keep the training going, Sgt. Yarnall
submitted the manual to Deputy Chief Gagnon who then forwarded it to Deputy
Chief Sanchez.
58. Approximately one week after submission of the manual, Deputy Chief Sanchez
complained to Deputy Chief Gagnon alleging Sgt. Yarnall’s work on manual was
substandard, illiterate, and nonsensical. Deputy Chief Sanchez again threatened Sgt.
Yarnall’s employment alleging substandard performance.
59. As an experienced policy manual writer, the allegations appeared baseless
warranting an investigation.
60. After some investigation, Deputy Chief Gagnon learned that Captain Todd Ellison
(hereinafter referred to as “Captain Ellison,”) a confidant of Colonel Perry and
Deputy Chief Sanchez, had intercepted Sgt. Yarnall’s original work and replaced it
with a nonsensical mish mash of cut and paste copies of polices from an array of
other law enforcement agencies pertaining to patrol, explosive detection, and drug
detection K9 Teams.
61. A complaint of dishonesty and unbecoming conduct was lodged against Captain
Ellison regarding the switch of papers; however, NHP Command ignored the
complaint and no disciplinary action of any kind was taken against Captain Ellison.
62. Captain Ellison was at the time relieved of all command responsibilities because of
hostile work environment complaints and employee generated pending law suits
against him. The State of Nevada was ultimately held responsible for Captain
Ellison’s misconduct. In defiance of one settlement mandating that Capt. Ellison
have no supervisory powers, Colonel Perry promoted Captain Ellison to Lieutenant
Colonel (number two position) in NHP.
63. NHP Command interference and sabotage became an almost daily occurrence
throughout the remaining training. Critical computerized employment and training
records were mysteriously deleted from the department computer system on at least a
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weekly basis. Sgt. Yarnall’s pay was frequently held up for months at a time.
Reimbursement claims for Trooper/Handlers were somehow lost in the system or
just forgotten for months, despite repeated follow ups and requests from Trooper
Lee. Employee time sheets were routinely lost, rejected, or placed at the bottom of
paperwork piles because of “clerical errors” or intentional acts by the finance clerk,
the fiancé of Deputy Chief Sanchez. Every day significant amounts of time and
focus were diverted from training to attend to the ever changing rules and/or
bureaucratic emergency of the day. It was very blatant and clearly intended to create
a hostile work environment, place undue financial pressure on K9 personnel, and
disrupt the progress of the K9 Program.
64. Through hard work, dedication, perseverance, and personal sacrifice by all
participants, the training and certification of the remaining four K9 Teams was
completed on time – in spite of the continuous Command interference and sabotage.
65. A formal graduation ceremony and press conference was scheduled by Director
Hafen and all NVDPS Command Staff were ordered to attend - including Colonel
Perry and Deputy Chief Sanchez. The Governor of Nevada was also present as a key
note speaker. Both print and television media were on scene. During the ceremony
a $100,000 donation was formally presented by Wal-Mart Corporation to Nevada
Friends of K9. The donation was symbolized by a huge cardboard check facsimile.
At the conclusion of the graduation ceremony press interviews of dignitaries, K9
Teams, and Wal-Mart representatives were conducted. When the press and
department photographers requested a photo op of Wal-Mart representatives
presenting the facsimile check to the Governor and Nevada Friends of K9 board
members, the check facsimile could not be found. Colonel Perry and Major Sanchez
were also missing. In an embarrassing, bizarre juvenile act, Colonel Perry and Major
Sanchez had absconded with the check facsimile, flew by airplane with the facsimile
back to Carson City, and attempted to place the $100,000 donated for the purchase of
K9’s into the Highway Patrol general fund.
66. During the first month following K9 graduation, December of 2008, the K9 Teams
located and seized 8968.503grams of Marijuana (19.7 pounds), 453.59 grams of
Cocaine (1 pound), 3330 grams of Ecstasy/MDMA (7.3 pounds), and $402,670.00 in
allegedly, illegally obtained cash." The success of the K9 Program continued far
exceeding expectations throughout all of 2009 with the teams seizing 133,275.9
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grams (293.8 pounds) of Marijuana, 6270.51 grams (13.8 pounds) of
Cocaine, 15233.04 grams (33.55 pounds) of Methamphetamine, 14.1 grams of
Heroin, 80.1grams of Ecstasy/MDMA, and alleged criminal proceeds of
approximately $2,555,721.00. For the calendar year, 2010, 174821.3 grams (385.4
pounds) of Marijuana, 17573.1 grams 39.7 pounds) of Cocaine, 18046.31 grams
(39.78 pounds) of Methamphetamine, 28.5 grams of Heroin, 15 gallons of liquid
PCP, and criminal proceed assets in the amount of $1,575,242.00 in cash. From
January 1 – August 31, 2011, NVDPS/NHP K9 Teams located and seized 185835.2
grams (408.7 pounds) of Marijuana, 7464.8 grams 16.5 pounds) of Cocaine, 7532.61
grams (16.6 pounds) of Methamphetamine, and criminal proceed assets in the
amount $859,659.00 in cash. Since the inception of the NVDPS/NHP K9 Program
(September, 2008 through August 31, 2011), NVDPS/NHP K9 Teams have located
and seized a total of 502900.93 grams (1,108.7 pounds) of Marijuana, 31762.0 grams
(70 pounds) of Cocaine, 40,819.46 grams (89.99 pounds) of Methamphetamine, 42.6
grams of Heroin, 3410.1 grams (7.5 pounds) of Ecstasy/MDMA, 15 gallons of liquid
PCP, and criminal proceed assets in the amount of $5,393,292.00 in cash.
67. The formal K9 Academy for the four K9 Teams was finished. Two K9 Teams were
assigned to Reno and two K9 Teams to the Las Vegas Area. However, the first
phase of training at the Academy was completed, the second phase of training, on the
job training (OJT), would then begin. OJT ensures reliability under the watchful
eye of a K9 expert/instructor. This crucial phase of training required Sgt. Yarnall to
ride along with the new K9 Teams on duty.
68. However, due to Colonel Perry’s sabotaging removal of Troopers Gordon and
Ferguson from the K9 Academy, the two Troopers were now scheduled for their 400
hour K9 Academy training. Colonel Perry and Deputy Chief Sanchez malicious
removal of the Troopers forced Sgt. Yarnall to either delay the critical OJT portion
of training for the four new K9 Teams, or delay the K9 Academy. Either option Sgt.
Yarnall had been presented would have caused significant injury to the K9 Program
and/or the goals set by Director Hafen.
69. Instead of choosing, Sgt. Yarnall again prioritized the K-9 Program and successfully
completed both critical tasks by working excessively long hours and days off. Sgt.
Yarnall was not only uncompensated but traveled between Reno and Las Vegas at
his own expense.
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70. In December of 2008, Colonel Perry advanced a vicious rumor regarding Sgt.
Yarnall to Director Hafen. Colonel Perry falsely told Director Hafen that Sgt.
Yarnall had been sued repeatedly for excessive force and civil rights violations
during Sgt. Yarnall’s tenure as Chief K9 Trainer for the Los Angeles Police
Department (LAPD).
71. Following Colonel Perry’s false statements, Director Hafen concerned about Sgt.
Yarnall’s integrity as well as Nevada’s exposure to civil litigation, immediately
conducted a cold conference call between Director Hafen, Colonel Perry, Deputy
Chief Gagnon, and Sgt. Yarnall. Director Hafen ordered Sgt. Yarnall to respond to
Colonel Perry’s baseless allegations. Under pressure and surprise, Sgt. Yarnall told
the truth explaining that in the nine (9) years prior to becoming Sgt. at the LAPD in
1999 and during his multiple positions as officer, founder, handler and trainer of the
K9 Unit, Sgt. Yarnall was named in only one nuisance civil action. Sgt. Yarnall
explained that after his promotion to Sgt., department policy mandated he transfer to
a uniform patrol division and out of the K9 Unit. It was at this time, after Sgt.
Yarnall was no longer involved in the Unit when questionable officer behavior began
occurring and civil suits and personnel misconduct complaints began regularly
occurring. In explicitly stating the truth, Sgt. Yarnall was not involved in the K9
Unit after being promoted to Sgt and it was after him leaving the department that the
problems began.
72. In December of 2008, Sgt. Yarnall had traveled from Las Vegas to Reno and was
conducting K9 maintenance and OJT (On The Job Training) with newly certified K9
Teams, Trooper West/K9 Hilo and Trooper Lee/K9 Petey. This training is critical in
order to effectively transition the fundamental skills and ethics learned in basic
training to actual deployments. Because K9 is a most unique management and
supervisory challenge within law enforcement, it is customary and common sense for
police managers and supervisors of a new K9 program to meet with the designated
department K9 Expert in order to gain insight into the assets and liabilities of the K9
Teams. It also allows the K9 Expert to gain insight into the unique requirements of a
particular community or Command Area so the Expert can adapt the training and
deployments to those needs. It is also customary and just good management for the
supervisors and command staff to at least observe the K9 Teams work or train –
especially after the involved K9 Handlers have worked so hard and made so many
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personal sacrifices far above and beyond the call of duty. Neither Sergeant Lewis nor
any of the NDPS/NHP Command (with the exception of Director Hafen) has ever
observed the training of the K9 Teams. In fact, they have intentionally avoided it.
Yarnall made several attempts to contact and schedule meetings with Sergeant Dave
Lewis (Trooper West and Trooper Lee’s immediate supervisor) and Major Brian
Sanchez. Both Lewis and Sanchez dodged and avoided Yarnall’s repeated requests
to meet and exchange information.
73. Upon returning to Las Vegas after completing the training in Reno, Sgt. Yarnall was
informed by Deputy Chief Gagnon that a complaint had been initiated by Sgt. Lewis
alleging Yarnall, West, and Lee were planting drugs in citizen’s cars during traffic
stops in order to gain K9 positive alerts establishing probable cause to conduct a
search. Sgt. Lewis’s allegation was utterly false. Sgt. Lewis had never met Sgt.
Yarnall and had never observed any training or searches.
74. After Sgt. Lewis’ false complaint was made about NDPS/NHP K9 Handlers planting
drugs, the false allegation spread department wide casting the entire K9 Program in a
very bad light. Every member of the K9 Program including Sgt. Yarnall, Trooper
Lee, and Trooper Moonin were shunned by other NHP Troopers and NHP Command
causing embarrassment, intimidation and serious concerns over their reputations.
75. Sgt. Yarnall lodged a dishonesty complaint against Sgt. Lewis but NHP Command
implicitly supporting the rumor by taking zero action for the outright lie and/or
conducting zero investigation.
76. Based upon the false allegation, and without any investigation, the NHP Southern
Command Deputy Chief Phil Tilt ordered that OJT was not to be conducted in his
area of command.
77. Four weeks into the second K9 Academy and OJT Training, Colonel Perry
demanded Sgt.Yarnall immediately complete the written Nevada Peace Officer
Training and Standards (hereinafter referred to as “POST”) K9 training course
syllabus and certification which is required for the program to obtain POST
certification. Colonel Perry stated that it was required in Sgt. Yarnall’s contract and
that it needed to be completed within three weeks. Deputy Chief Gagnon listed off
the numerous reasons why Colonel Perry’s demand was erroneous explaining Sgt.
Yarnall’s considerable, current duties and Sgt. Yarnall’s already exhaustive efforts to
facilitate the best training possible. Deputy Chief Gagnon informed Colonel Perry
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the document was not currently necessary and explained to Colonel Perry that the
disruption by his demand would be extremely detrimental to K9 operations and long
term goals and success. Deputy Chief Gagnon specifically informed Colonel Perry
that the POST document had been scheduled to be completed after this second
training group had completed training to ensure the best practices were finalized and
implemented as the standard for the program.
78. Colonel Perry ignored Deputy Chief Gagnon’s information and in a clear act to
sabotage the K9 Program, ordered Sgt. Yarnall complete the highly detailed and
voluminous, POST Course Curriculum within three weeks; Colonel Perry further
stated if Sgt. Yarnall failed to provide the POST curriculum, his contract would be
terminated.
79. Sgt. Yarnall met twice with Deputy Chief Tony Almaraz regarding the POST Course
Curriculum. During the discussions, Deputy Chief Almaraz told Sgt. Yarnall the
demand came directly from Colonel Perry informing Sgt. Yarnall that . Colonel
Perry disliked Deputy Chief Gagnon, the K9 Program and by association, anyone
connected to the program especially those who were/could ensure the program’s
overall success.
80. Colonel Perry intentionally caused Sgt. Yarnall anxiety and embarrassment. Colonel
Perry was now on clear notice that inconsistent and poor training, inconsistent or
insufficient standards, lack of standardized policies and practices, and poor
supervision/management will lead to misconduct, civil rights violations, and civil
liability.
81. Colonel Perry had now demonstrated his resolve to keep his promise to destroy the
K9 Program and would use his power of office to intentionally cause hardship and
injury to others.
82. Sgt. Yarnall again worked extensive hours and weekends, without pay, to ensure his
contract would not be terminated. While continuing to provide the scheduled and
necessary training at the highest quality, within the ridiculous three (3) week time
frame demanded by Colonel Perry, Sgt. Yarnall completed and submitted a 130 page
detailed, comprehensive Nevada POST K9 Course Curriculum. Again, due to Sgt.
Yarnall’s restrictions on compensation, Sgt. Yarnall completed the POST Course
Curriculum, in excess of 160 hours, uncompensated.
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83. Sgt. Yarnall’s POST submission documentation, enumerating Yarnall’s excellent
curriculum and training, was submitted and readily accepted. The program became
fully certified by the Nevada POST Board of Certification. NVDPS/NHP was now
the only Nevada POST Certified K9 Program in the state of Nevada and was the first
training program in Nevada to ever be certified by POST.
84. Sgt. Yarnall’s POST Curriculum was also later submitted and readily accepted by the
Utah POST Certification Board. As such, the NVDPS/NHP K9 Curriculum, as
created by Sgt. Yarnall, achieved dual POST certification status for both the State of
Nevada and the State of Utah.
85. POST standards are designed to ensure and maintain the highest level of reliability
far exceeding industry standards. The Nevada POST Certification testing is one of
the most difficult in the entire nation and most definitely provides the hardest testing
curriculum in the state of Nevada. Following training, POST certification mandates
recertification of every K9 Teams every three (3) months, instead of the industry
norm of annual retesting. As a Post Certified K9 Team, these Nevada Teams afford
the highest level of reliability ensuring the ultimate protection of the constitutional
rights of both citizens and visitors alike.
86. Following Nevada certification, and continuing throughout the program, every
Nevada NVDPS K9 Team (handler and dog) was, and remained, certified through
both Nevada and Utah POST.
87. In furtherance of the over success of K9 Program, Sgt. Yarnall conducted a 400 hour,
arduous K-9 Instructor training for Troopers Moonin and William West. Upon
completion, the Troopers achieved POST Certified, K9 Instructor status. Both
Troopers are certified to instruct the Nevada DPS Narcotic Detector Dog Course, and
to certify police narcotic detector dogs according to Nevada and Utah POST
standards. Only three (3) Post Certified Instructors exist in the State of Nevada; Sgt.
Yarnall, Trooper Moonin, and Trooper West.
88. The United States Attorney General’s Office has recognized Nevada DPS K9
Practices and Policies, training, and certification standards as exemplary.
89. State, federal and local courts have recognized Nevada DPS K9 Practices and
Policies, training, and certification standards as exceeding industry standards; state,
federal and local courts have all characterized DPS K9 Handlers as experts in the
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handling and deployment of narcotic detector dogs and on the topics of illegal
smuggling and highway interdiction of illegal narcotics.
90. NVDPS K9 Teams are viewed by other law enforcement agencies as the most highly
skilled and reliable. On multiple occasions DPS K9 Teams have located drugs and
drug money that detector dog teams from other law enforcement agencies missed.
NVDPS K9 Teams have become the “go to” K9 Teams with some agencies
coordinating drug sweeps with the specific availability of the NVDPS K9 Teams.
91. Trooper Tim Raabe and his dog “Gripper” was thoroughly tested by judges and
district attorneys and was granted the only exemption status ever for a very strict
probable cause warrant requirement in court jurisdictions that historically view
narcotic detector dogs with suspicion and a jaundiced eye. In those counties,
Trooper Raabe and “Gripper’s” positive indicator for the odor of illegal drugs
unilaterally satisfies probably cause for searching the vehicle.
92. Trooper Moonin and his K9 “Teko” located and seized over $1.63 million and one
kilo of cocaine as a result of a self-initiated (by Trooper Moonin) drug interdiction
stop of a passenger vehicle in Las Vegas. Trooper Moonin is a true expert in the
area of highway interdiction. His dog is the example of a reliable drug detection
dog. The details of this case and the exceptional search by K9 Teko have become
subject matter for K9 Academies and drug interdiction seminars nationwide.
93. NVDPS and NHP Command initiated and promoted department wide a rumor that
Trooper Moonin’s detector dog, “Teko” had no role in the seizure of the money and
drugs in this case.
94. One million dollars of drug money seized by NVDPS K9 Teams was used to
purchase AR15 long rifles for each sworn member of NVDPS – at no cost to the
state. The purchase of the rifles was for counter terrorism and officer safety
purposes.
95. NVDPS Southern K9 Command was housed in a converted home that also housed
the Las Vegas office of the Nevada Division of Investigation. The Southern Area K9
Program was housed in an unused converted pool house located in the rear yard at
that location. Desks, computers, file cabinets, and other office equipment were
installed and Deputy Chief Gagnon managed the statewide K9 Program from there.
All hard copy and computerized K9 Program records were kept at the site. The
building was secured with deadbolt locks.
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96. Because of his refusal to meet with Sgt. Yarnall in December of 2008, in February of
2009, Sergeant Lewis was ordered by Deputy Chief Gagnon to meet with Sgt.
Yarnall to learn specifics about K9 operations, training, assets, liabilities and overall
supervision. Sergeant Lewis appeared at the meeting openly acting disinterested,
distracted, and argumentative. After a mere 30 minutes, Sergeant Lewis boldly
informed Sgt. Yarnall the Washoe County Sheriff’s Department would provide better
K9 training utilizing the California POST Certification curriculum and training.
97. Since Sgt. Yarnall had done exhaustive research as to the best practices across the
country prior to the K9 Program’s initiation, Sgt. Yarnall felt comfortable responding
to Sergeant Lewis’ baseless false claims. Sgt. Yarnall advised Sergeant Lewis that
California POST had been corrupted by civilian K9 Trainers and commercial entities
that mined California POST for future customers and used the California POST
certification as a sales gimmick. Sgt. Yarnall further advised Sergeant Lewis that the
California POST Certification was elementary at best and insufficient for the needs
and standards of NDPS/NHP K9. Sgt. Yarnall told Sergeant Lewis that if he cared to
research the subject he would send Sergeant Lewis copies of both the California
POST annual certification and the NDPS/NHP quarterly certification so Sergeant
Lewis could compare the vast difference in objectivity, quality, and difficulty
between the two certifications. Sergeant Lewis declined. Sgt. Yarnall advised
Sergeant Lewis that it is best to stay clear of California POST so as not to promote
unreliability in the NHP K9 Teams and to avoid the probable legal conflicts and
close scrutiny if and when the corruption of California POST is exposed.
98. Sgt. Yarnall then explained to Sergeant Lewis that NDPS/NHP K9 training and
standards had been designed to ensure reliability and protection of constitutional
rights, as ordered by Director Hafen. Sgt. Yarnall informed Sergeant Lewis that
NDPS/NHP training and standards far exceed industry standards and are designed to
achieve and maintain a high level of reliability, and that a highly advanced and
proven training system was employed to achieve and maintain that reliability. Sgt.
Yarnall explained that mixing training systems such as the instinctual compulsion
system employed by NDPS/NHP with the classic conditioning/play drive/handler
compulsion/handler dependent training system employed by Washoe County
Sheriff’s Office was a recipe for disaster – especially with new dogs and handlers. It
is like mixing oil and sand.
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99. Although Sergeant Lewis possessed no knowledge of K9 Units or Programs,
had done zero research on K9 training or training effectiveness, Sergeant Lewis
continued to insist that NDPS/NHP should train with either Washoe Sheriff’s K9 or
with his friend Brian Howard, and that NDPS/NHP K9’s be certified through
California POST.
100. Following this conversation, Sgt. Lewis continued to verbally and
openly push to relocate all K9 training out of NDPS/NHP.
101. Fully committed to NDPS/NHP training, K9 Commander, Deputy Chief
Gagnon issued an order to Sgt. Lewis cease his false degradation of the training and
standards of NDPS/NHP K9.
102. During Sgt.Yarnall’s February training ride along, Sgt. Yarnall witnessed
Trooper West’s dog Hilo identify several kilos of marijuana concealed in a
sophisticated compartment built into a late model vehicle. An arrest was made and
the drugs seized. Sgt. Lewis and Lieutenant John Stewart arrived at the scene to
assist in transport of the suspect. Neither officer acknowledged Sgt. Yarnall and
openly and blatantly shunned Sgt. Yarnall.
103. After one week of training in Reno, upon returning to Las Vegas, Sgt.
Yarnall was informed by Deputy Chief Gagnon that Lieutenant Stewart had filed a
verbal complaint to Major Sanchez. Lt. Stewart claimed that Sgt. Yarnall was
impersonating an NHP Trooper, driving around NHP in a marked patrol vehicle
dressed in a NHP Trooper uniform. Lt. Stewart’s allegation was completely
fabricated and confusing since Sgt. Yarnall’s dress, non-NHP uniforms, were
witnessed daily without comment by many Command Staff and officers, including
Major Sanchez himself. Sgt. Yarnall informed Deputy Chief Gagnon that the
allegations were totally false expressing a concern that a high ranking officer, with
significant authority, could make up such a lie and file a totally baseless complaint.
104. The false complaint caused Sgt. Yarnall great embarrassment and anxiety. As
such, Sgt. Yarnall felt forced to file a complaint of dishonesty against Lt. Stewart.
105. Sgt. Yarnall’s complaint enumerating the improper actions and dishonesty of
Lt. Stewart were ignored and totally squashed by Major Sanchez. Lt. Stewart’s
baseless and false complaint was implicitly condoned by NHP Command since Lt.
Stewart received no repercussions for his totally inappropriate behavior.
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106. Following Major Sanchez discounting and ignoring Sgt. Yarnall’s truthful,
and easily verifiable complaint, Sgt. Yarnall now recognized himself as a target by
other officers, NHP and NVLPD Command causing Sgt. Yarnall extreme anxiety.
107. In January of 2009, during the critical time implementing newly trained K9
Teams into the field, Deputy Chief Sanchez abruptly ordered Deputy Chief Gagnon
to attend a three month Command School by Northwestern University. Deputy
Chief Gagnon had not applied for the school, was totally surprised by the order and
would force the newly trained K9 Troopers, and the K9 Program overall, without
direct supervision and guidance at a most critical time.
108. During Deputy Chief Gagnon’s three month absence, Colonel Perry directed
NHP Sergeant Ken Twitty and NDI Sergeant Jackie Muth to covertly enter the K9
Office in a “black bag”, covert operation to search all computer and hard copy files
for personal and political intelligence on the board members of Nevada Friends of
K9.
109. During this same period, Captain Ellison was assigned to a desk in the main
NVDPS office at the front of the property. Captain Ellison was a close confidant of
Colonel Perry and Deputy Chief Sanchez. Captain Ellison had also been relieved of
all command and subordinates pending the outcome of a hostile work environment
investigation and lawsuit. On one occasion a K9 Trooper, Shawn Haggstrom, was in
the K9 Office completing paperwork a few hours before start of shift and was sitting
at a desk not readily viewable from the entry door. The Trooper heard a key inserted
into the door lock, the door opened, and in strolled Captain Ellison. Captain Ellison
had no official or departmental purpose for entry into the locked K9 Office. Captain
Ellison did not see the Trooper and he quickly walked to Deputy Chief Gagnon’s
desk. As Captain Ellison started to sit down at Deputy Chief Gagnon’s computer,
Captain Ellison finally saw Trooper Haggstrom. Captain Ellison immediately
jumped up from the desk and quickly exited the office without saying a word.
110. Approximately one week later, K9 Troopers discovered Deputy Chief
Gagnon’s desk had been taken and the items that were on top of his desk, including
his computer, thrown on the floor. Nothing else appeared disturbed except that all
the hard copies of K9 records were gone from the file cabinets in which they were
stored.
111. NHP Command launched no investigation into the thievery or destruction.
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112. Upon Deputy Chief Gagnon returning from Command School, he personally
launched an investigation and quickly uncovered, John Stewart, an Investigations
Division Deputy Chief and close Colonel Perry confidant had taken the desk.
Deputy Chief Stewart defiantly and dominantly informed Deputy Chief Gagnon that
he knew the desk was Gagnon’s but took it anyway. He refused to admit to stealing
the files, the thief has never been identified the files were never recovered.
113. The NVDPS K9 Program was mandated by state legislature as entirely self-
funded through the NVDPS Asset Forfeiture Account. This account is funded by
drug assets and money legally seized and adjudicated during state drug
investigations. The bulk of the funds in the account are the funds seized during K9
Team highway drug investigations and sniffs.
114. Since the Program’s inception and in spite of the huge success of the K9
Program, NHP Command commonly and routinely claimed funding for the Program
was lacking. Sgt. Yarnall’s pay was often delayed for months at a time; purchase
requests for basic tools and necessary tools were consistently and routinely denied.
Perishable and basics such as dog food, leashes, dog collars, and the training towels
so vital to the Program’s success were often denied. K9 Handlers and Sgt. Yarnall
were often forced to purchase the most basic items and/or feed their assigned K9 out
of pocket. K9 Team Members were sometimes required to travel; however, their
travel, lodging, and per diem expenses were routinely denied. All and each denial
was followed by NHP Command claiming a lack of Asset Forfeiture Funds.
115. Witnessing the widespread deficiencies, Nevada Friends of K9 eventually
donated a significant amount of the required equipment. K9/ICE Team Members
were forced to purchase the remaining required equipment at their own expense.
116. Out of frustration, each K9 Team Member including Troopers Moonin and
Lee, the board members of Friends of K9, and Sgt. Yarnall directly asked
NVDPS/NHP Command and/or supervisors the reasons for the depletion of the Asset
Forfeiture Fund when so much money had been seized; NVDPS/NHP Command was
asked to account for the funds spent out of the Fund. In response to each question,
by each employee, by each concerned citizen, NVDPS/NHP Command refused to
make any comment on the subject remaining steadfastly silent.
117. In additional to routinely delaying Sgt. Yarnall’s pay, Colonel Perry
repeatedly refused to afford Sgt. Yarnall the customary and agreed upon, 1 year
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contract extension. Although Colonel Perry baselessly claimed funding to be the
cause, Colonel Perry’s true intentions were to cause instability and insecurity in the
K9 Program and pressure Sgt. Yarnall to quit. Colonel Perry knew that the future
success of the NDPS/NHP K9 Program was largely dependent on Sgt. Yarnall’s
ability to train both the dogs and handlers to a high level of skill and to instill
integrity, cohesiveness, high morale, and pride within the K9 Program. Those
attributes did not fit in with Colonel Perry’s stated agenda to destroy or dismantle the
K9 Program.
118. In the spring of 2009, Director Hafen informed Colonel Perry Sgt. Yarnall’s
contract expired the end of August and ordered Colonel Perry to renew the contract
prior to its expiration to prevent any gap in the progress of the K9 Program. In the
middle of August 2009, Colonel Perry informed Director Hafen no Asset Forfeiture
Funds were available to fund Sgt. Yarnall’s contract. Director Hafen aggressively
reminded Colonel Perry three new K9 Teams was scheduled for training in
September of 2009, and Colonel Perry must locate the funds to secure Sgt. Yarnall’s
Contract.
119. Soon after his conversation with Director Hafen, Colonel Perry found the
funds in the Asset Forfeiture Account to renew Yarnall’s contract. However,
Colonel Perry’s delay caused a one month gap in Sgt. Yarnall’s contract. Although
Sgt. Yarnall remained working and traveling, all while unpaid and unreimbursed,
Colonel Perry’s actions delayed the start of K9 training by one month.
120. During the winter K9 Academy held in Carson City, 4 new K9 Troopers were
required to be away from home and their families for a minimum of three months.
Standard policy and procedure, to alleviate the hardship, allowed reasonable
overtime, or at a minimum an on duty travel day to travel home on their day’s off.
However, during this winter training session, these options were abruptly and
surprisingly denied to the new trainees causing financial burdens and family stress.
NVDPS/NHP Command alleged the denial was due to a lack of Asset Forfeiture
Funds.
121. Following notification of this major change in policy, the new Trainees and
Sgt. Yarnall met with K9 Coordinator Lieutenant John O’Rourke (a close confidant
and handpicked for the position by Colonel Perry), and asked why the funds were
unavailable. Lt. O’Rourke responded that all overtime funds had been totally
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depleted by the first three handlers during the first K9 Academy. Lt. O’Rourke’s
statement implied these three Troopers had received the millions of dollars in
available overtime pay in just one or two months.
122. On December 6th, 2008, Trooper Moonin and his K9 partner “Teko” were
involved with the seizure of over seven pounds of Ecstasy/MDMA.
123. During the week of December 8th-12th, 2008, Moonin and his K9 partner
“Teko” were involved in currency seizures totaling $402,670.00.
124. During December of 2008, Deputy Chief Gagnon met several times with
Trooper Moonin requesting he accept a lead role in the integration of the K9 Units
with highway interdiction activities. As a nationally recognized expert in highway
drug interdiction with vast experience and demonstrated success, Deputy Chief
Gagnon felt Trooper Moonin the best candidate for leading statewide standardization
and integration. In Trooper Moonin accepting the position, Trooper Moonin’s
overall responsibilities would include his K9 Handler tasks, his K9 Trainer tasks and
now the tasks required to further integration. Such duties included, but were not
limited to, training and mentoring, creating a standardized reporting tool for both K9
and Interdiction members, tracking Trooper involvement within court cases,
providing logistical support to all K9 Members.
125. Throughout$January$to$June$of$2009,$Trooper$Moonin$continued$
demonstrating$high$productivity$and$adherence$to$the$highest$training$
standards$as$Trooper$Moonin$continued$to$be$forced$to$work$around$NHP$
Command’s$sabotage$and$needlesslyHcreated$hurdles.$$
126. During$this$time$and$on$top$of$all$of$his$other$responsibilities,$Trooper$
Moonin$continued$being$one$of$the$best$K9$Handler$on$the$job.$$Moonin$and$his$
K9$partner$”Teko”$were$involved/responsible$for$six$seizures$of$Marijuana$
totaling$14,088$grams$(31$pounds);$eight$seizures$of$Cocaine$totaling$5946.9$
grams$(13.1$pounds);$six$Methamphetamine$seizures$totaling$6338.2$grams$
(13.9$pounds);$$and$five$seizures$of$$suspect$drug$proceeds$totaling$
$1,817,356.00$in$cash.$$One$of$Trooper$Moonin’s$currency$seizures$is$the$largest$
amount$seized$to$date.$$!!$
127. In June of 2009, Deputy Chief Kevin Tice(hereinafter referred to as “Deputy
Chief Tice”) of NHP Southern Command in Las Vegas unilaterally ordered the K9
Program decentralized; as decentralization had been the cause of the prior program’s
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downfall, and directly violated the plan approved by the Governor and State
Legislature, Deputy Chief Tice’s order appeared nonsensical.
128. On or about June 18th, 2009, Director Hafen quashed Deputy Chief Tice’s
decentralization order. Director Hafen ordered the operational and administrative
structure of the K9 and Interdiction programs centralized under NHP headquarters in
Carson City.
129. On or about June 18th, 2009, Deputy Chief Tice issued an email confirming
Director Hafen’s orders of centralization of the K9 and Interdiction programs under
NHP headquarters. Deputy Chief Tice separated the K9 Troopers from the ICE
members by stating, “Colonel Perry has more meetings/discussions scheduled with
regard to the ICE Team. However, as of this time; ICE Team Operations will be
centralized operationally and administratively to HQ - Major Tony Almaraz.”
Deputy Chief Tice’s order alienated Trooper Moonin from his co-workers on the
ICE Team and caused disharmony in the drug interdiction working environment.
130. During the remainder of June 2009, Colonel Perry and Deputy Chief Tony
Almaraz attempted to take the K9 program back to the decentralized, non-
standardized policies and procedures of the prior failed NHP K9 Program. Deputy
Chief Gagnon resisted and both Perry and Almaraz complained to Director Hafen
that Deputy Chief Gagnon was interfering with NHP operations.
131. In July of 2009, at the NHP Northern Command in Reno, Troopers Lee,
West, and Thomas Urso reported witnessed 4th Amendment violations by Trooper
Allen Young and reported these violations directly to Sgt. Dave Lewis. As the
Sergeant In Charge of the NHP Northern Command Ice/K9 Unit, (an admitted close
personal friend of Colonel Perry), Sgt. Lewis shrugged off the serious allegations in
front of the three complaining Troopers stating it was a personality conflict between
the three troopers and Trooper Young.
132. Following this complaint, all three of these Troopers continued to witness
unconstitutional searches and continued repeating their concerns to Sgt. Lewis on a
nearly weekly basis.
133. In July of 2009, Colonel Perry and Major Tony Almaraz met with Director
Hafen and insisted Deputy Chief Gagnon be transferred to the NVDPS Academy in
Carson City. Director Hafen issued the order and Deputy Chief Gagnon was
effectively removed from the K9 and Interdiction program. Lt. John O’Rourke, NHP
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Headquarters, was appointed as the department K9 Coordinator by Colonel Perry.
NHP Southern Command Sergeant Mike Cooke was assigned as Sergeant of the
Southern Nevada Interdiction Task Force
134. In July of 2009, Trooper Moonin inquired about housing “Teko” inside a
canine crate at the team office, which was located in the NHP Southern Command.
He was told that Deputy Chief Kevin Tice had given the order not to allow K9
Troopers to have their K9’s housed “at any time inside the building.” NHP
Command suggested canines be kept in the parking lot while the handler was
working within the building. Since dog safety precluded dogs from being kept
outside in the Las Vegas summer heat, the rule caused significant inefficiency
forcing handlers to travel to their residences to pick up their dogs after every
meeting, class or necessary headquarter visit.
135. The significant inefficiency motivated Sgt. Cooke to send an email outlining
the issues and Deputy Chief Tice as well as the rest of NHP/DPS Command was
notified of the issues Deputy Chief Tice’s order was causing. In response, for no
substantive reasons, Deputy Chief Tice reiterated his order and the ban on K9’s in
the building.
136. Director Hafen learned of the dangerous and counterproductive situation and
intervened and ordered Deputy Chief Tice to allow the K9’s access to the building.
Although Deputy Chief Tice disingenuously contended a misunderstanding must
have occurred, the order remained in effect, and K9’s banned, until December, 2009.
137. Sgt. Yarnall’s initial one-year contract expired August 1, 2009. A few months
before the expiration date, Director Hafen advised Colonel Perry that Sgt. Yarnall
had performed far beyond all expectations and that the renewal of his contract was
critical in maintaining the tremendous success and upward momentum of the K9
Program. Director Hafen directed Colonel Perry to start working on the renewal of
the contract in May, 2009. Colonel Perry delayed action and as the contract
expiration grew close, Colonel Perry declared there was no money in the Asset
Forfeiture Fund to pay for Yarnall’s contract renewal and that the contract would
have to be put out to public bid. As Yarnall’s contract expiration date arrived,
Colonel Perry had still not completed his assignment and Yarnall’s contract expired.
Director Hafen then gave Colonel Perry a direct order to get the contract done, but
Perry insisted that Yarnall’s contract be extended for 6 months rather than renewed
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for one year. It was imperative that the training and momentum of the K9 Program
continue upward at this time, so Yarnall continued to work full time without
compensation on the promise that Colonel Perry would complete the contract
extension immediately. Colonel Perry’s interference caused Yarnall to work
uncompensated for a month and a half (27 working days) and lose $20,655.00 in
compensation. Yarnall also was required to maintain liability insurance during that
period.
138. In October of 2009, a drug interdiction car stopped by ICE/K9 team members
resulted in the identification and subsequent apprehension of a wanted and
international terrorist. Instead of commending the troopers, Deputy Chief Tice made
a derogatory and salacious comparison of the NHP ICE/K9 Unit to the infamous and
scandalous Los Angeles, Police Department, Rampart Division of the 1990’s. The
statements were made to Alan Davidson, NVDPS Public Information Officer.
Deputy Chief Tice told Trooper Davidson that the ICE/K9 Team is rogue and
without supervision, just like Rampart Division. Trooper Moonin and every other
ICE Team/K9 member were embarrassed, intimidated, and offended by Deputy
Chief Tice’s slanderous remarks. It compared hardworking, dedicated, self-
sacrificing Troopers with criminal police officers convicted of unprovoked
shootings, attempted murders, drug dealing, beatings, bank robberies, falsifying
evidence against citizens, stealing evidence and lying to cover up their crimes.
Tice’s remarks were intended to and succeeded in escalating the hostile working
environment within NHP.
139. In November of 2009, the working environment created by NHP command
had become extremely hostile. A grievance citing the hostile work environment was
submitted to Director Hafen by the southern ICE/K9 team members.
140. In early 2010, in response to the grievance, Director Hafen ordered NHP
Colonel Tony Almaraz and NHP Lieutenant John O’Rourke to meet with southern
ICE/K9 team members in an attempt to reconcile management with employees. A
meeting was held at the NHP Southern Command. The ICE\K9 members voiced
their concerns and gave details relating to the hostile work environment. Chief
Almaraz discounted team member concerns and statements and cited
miscommunication as the reason. Chief Almaraz then launched into an attack on the
grievance letter. Chief Almaraz aggressively stated, “I can’t take this seriously
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when you don’t even sign your names to the letter”, implying that the ICE/K9
members were cowardly. In fact, all ICE/K9 members were present and the
grievance was signed the ICE/K9 Team indicating unanimous agreement. Chief
Almaraz and Lieutenant O’Rourke clearly felt their authority had been challenged
and exhibited anger at the end of the meeting. Instead of reconciliation, the meeting
resulted in more animosity by command toward the ICE\K9 Team.
141. The following Monday after the meeting Sgt. Mike Cooke said he was told
from NHP Command that NHP Chief Tony Almaraz was highly upset with the
ICE/K9 members for bringing forward the items and was planning to make changes
to “reel them in,” and “get them in-line.” Sgt. Cooke told Trooper Moonin to “get
ready for the retaliation from Tice.”
142. Director Hafen recognized the egregious nature of Deputy Chief Tice’s
“Rampart Division” remarks, and ordered Deputy Chief Tice to personally apologize
to the offended Troopers.
143. As ordered, Deputy Chief Tice and his subordinate, Captain Thom Jackson,
called a meeting with the offended Troopers under the guise of apologizing;
however, Deputy Chief Tice never apologized and instead characterized his
statements as a “miscommunication.” After this blatantly false claim, Deputy Chief
Tice continued making false statements contending he “never once not allowed dogs
in” to Southern Command again calling it a “misinterpretation” by Ice/K9 Team
members. Deputy Chief Tice’s remarks were patently false and escalated the hostile
work environment.
144. On February 4th, 2010, Trooper Lee was attending Reno Justice Court when
he was approached by Washoe County Deputy District attorney Kelli Viloria as well
as the defense counsel. The defense counsel argued he would be using Trooper Allen
Young’s prior court testimony against him as a negative reference to the credibility
and reliability of the Northern Nevada Interdiction Task Force. The advisement was
in reference to recent dishonest court testimony and 4th Amendment violations by
Trooper Young. It was the same concerns Trooper Lee and other ICE/K9 members
had previously related to Sergeant Lewis. Trooper Lee immediately returned to the
Reno NHP Office after his court appearance and relayed the statements made to his
immediate supervisor, Sgt. Dave Lewis.
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145. Shortly after Trooper Lee’s statements, Trooper Allen Young was removed
from the Northern Nevada Interdiction Team and placed on administrative leave as
the result of an OPR investigation.
146. Continuing until August of 2010, several Task Force meetings were
conducted by Sgt. Dave Lewis. On each occasion, team members were asked by
Sgt. Dave Lewis to voice concerns or address problems; however, when the team
member voiced concerns or objections, Sgt. Lewis repeatedly blamed Trooper Lee
for instigating the complaint.
147. Routinely during task force meetings, Sgt. Lewis pointed out to other K9/ICE
Team members that Trooper Lee was an example of “what not to do”. Trooper Lee
was publicly embarrassed and felt Sergeant Lewis’s public humiliation was in
retaliation for disclosing official misconduct about Allen Young, Sgt. Lewis’s close
personal friend.
148. In February 2010, shortly after the grievance meeting with ICE/K9 Team
members. Deputy Chief Tice’s order effectively eliminated K9 and ICE Team
members from overtime hours which were used to supplement Troopers income lost
to pay freezes and mandatory furlough days off. Deputy Chief Tice’s order is in
direct violation of NHP Division Directive 3.3.069 that states “Commanders shall
ensure equitable opportunity for all personnel to work on Security Services
Contracts.”
149. On or about March 2, 2010, Deputy Chief Tice further retaliated for the
Ice/K9 Team grievance by removing Sergeant Mike Cooke as Officer In Charge of
the NHP Southern Command Ice/K9 Team and replacing him with Sergeant Santo
Bell. Sergeant Bell has no Ice/K9 experience and is a confidant of Deputy Chief
Tice.
150. Director Hafen received information of the incident and once again directed
Deputy Chief Tice to maintain the integrity of the ICE/K9 unit intact.
151. On March 3, 2010, Deputy Chief Tice issued an email advising to disregard
the previous email listing supervisory reassignments.
152. A K9 Academy handler training was scheduled for July of 2010.
153. As Sgt. Yarnall’s contract expiration date, May 15, 2010, Director Hafen
ordered K9 Academy training to expand to the Ely area. New K9 Handlers were
selected and Sgt. Yarnall was directed by Lt. O’Rourke to begin the canine, selection
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process. With Sgt. Yarnall’s contract expiration looming, Lt. O’Rourke assured Sgt.
Yarnall his contract would be renewed without delay.
154. As the contract expiration date moved closer, Sgt. Yarnall become
apprehensive about this contract renewal and that Colonel Perry, as the personal in
control of K9 finances, would again interfere with contract renewal.
155. Sgt. Yarnall’s contract renewal date passed without renewal and the
termination date arrived. Sgt. Yarnall contacted Lt. O’Rourke stating training was
looming and dogs needed to be timely procured. Sgt. Yarnall stated he had lined up
some prospective K9’s out of state but he needed to travel extensively to test the
dogs. Lt. O’Rourke told Sgt. Yarnall that Colonel Perry was delaying renewal
because of “technical difficulties” and lack of money in the Asset Forfeiture Fund,
but that the money would be found and the contract extension would be done any
day. Sgt. Yarnall again challenged the balance of the Asset Forfeiture Fund since
nearly $4 Million in drug proceeds had been located and seized should have been
deposited. Lt. O’Rourke remained silent. Sgt. Yarnall felt he had no choice but to
take Lt. O’Rourke at his word that his contract would be timely renewed.
156. Relying on Lt. O’Rourke’s statements, Sgt.Yarnall traveled over 6,000 miles
in his own vehicle, on his own time, without any compensation to test and procure
the dog for the new K9 Handlers.
157. Upon Sgt. Yarnall returning from the procurement trip, Lt. O’Rourke
informed Sgt. Yarnall that Colonel Perry was now conditioning his contract renewal
on Sgt. Yarnall conducting the K9 Academy handler training and a K9 Instructor
Course concurrently. If Sgt. Yarnall refused to conduct both 400 hour trainings
concurrently, Colonel Perry would refuse to renew his contract. Lt. O’Rourke told
Sgt. Yarnall that Colonel Perry had authorized his pay to increase by the insulting
amount of $10.62 per hour for the instructor training (industry standard is $75.00 to
$100.00 per hour) but was decreasing his hourly compensation for handler training
by 10%. Lt. O’Rourke explicitly explained Colonel Perry had, and was, making all
the decisions regarding Sgt. Yarnall’s employment and salary; Sgt. Yarnall could
take it or leave it and no room for negotiation existed.
158. Outraged, Sgt. Yarnall weighed his limited options. Refusing Colonel
Perry’s insulting terms would have wide, long lasting and devastating impacts on the
K9 Program. Additionally, relying on Lt. O’Rourke’s assurances, Sgt. Yarnall had
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entered into purchase agreements to buy multiple dogs and Sgt. Yarnall fully
understood failing to comply with these agreements would greatly harm him
professionally and substantially injure his impeccable reputation within the small K9
community. Further, Sgt. Yarnall had invested considerable personal time and his
own money procuring the best dogs and preparing the canines for training.
159. Sgt. Yarnall, frustrated and agitated, informed Lt. O’Rourke of the unfairness
of the situation and again, vented about the constant NVDPS/NHP Command
interference and sabotage of providing effective and efficient training. Sgt. Yarnall
explained the interference had prevented Sgt. Yarnall from grooming skilled K9
Handlers to become K9 Instructors. Sgt. Yarnall explained Instructors could be
trained to a level exceeding industry standards, but it was questionable if that
training would actually prepare the instructors for the tremendous responsibilities
and multi-faceted skills required for long term sustainability. Sgt. Yarnall made it
very clear to Lt. O’Rourke that much like the K9 Teams, it is imperative that the
skills learned in training be honed in practical applications and that the new K9
Instructors must be closely mentored in the field until they gained the experience,
adaptability, and true subject matter expertise. Sgt. Yarnall explained to Lt.
O’Rourke that anything less invites misconduct, violations of civil rights, and
substandard work.
160. After obtaining full commitment from Lt. O’Rourke about the follow up
required to ensure instructor success, and knowing leaving the Program at this
juncture would do irreparable harm to his reputation and future job opportunities,
Sgt. Yarnall agreed Colonel Perry’s unreasonable terms. Sgt. Yarnall agreed to the
pay changes and to the concurrent trainings if his contract would be guaranteed
through the 6 months following training completion, i.e. January through June of
2011). Lt. O’Rourke explicitly agreed to Sgt. Yarnall’s employment contract
existing through June of 2011 and unequivocally stated that Colonel Perry was on
board with the contract running through June of 2011.
161. The K9 Academy handler training and the Instructor Course were placed
back on schedule for July of 2010.
162. Although Sgt. Yarnall remained uncovered by an employment contract, and
was not receiving any salary, Sgt. Yarnall continued working full-time maintaining
the overall integrity of the program supporting personnel and also began preparing
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the chosen K9 Instructor Candidates. Due to Colonel Perry’s direct delay in
extending/renewing Sgt. Yarnall’s contract, Sgt. Yarnall, clearly committed to the
success of the K9 Program, worked uncompensated for approximately one month.
Sgt. Yarnall worked approximately a total of 280 hours resulting in lost income of
over $21,000.
163. In May of 2010, Lt. O’Rourke interviewed candidates for the K9 Instructor
positions.
164. Soon after, Lt. O’Rourke selected Troopers Moonin and Troopers West for
the Instructor positions. The selected Troopers understood the position would afford
no additional financial compensation but would include new duties including the
selection of all new dogs, the training of all new K9 Teams and all task required after
training to remain fully POST certified.
165. Approximately two (2) weeks into the concurrent trainings, Lt. O’Rourke
informed Sgt. Yarnall no funds were available for lodging the two, out of town
trainees. Lt. O’Rourke stated that if lodging could not be found, the trainees would
have to return to their respective assignments until funding could be found. Once
again, Sgt. Yarnall asked Lt. O’Rourke why, with nearly $4 million seized by NHP
K9 Teams, was there no Asset Seizure Funds available? Lt. O’Rourke said there just
wasn’t any money and avoided an answer.
166. In order to avoid removing the two (2) trainees from training, and once again
overcoming NHP Command obstacles and prioritizing the Program, Sgt. Yarnall
volunteered his residence for the out of town trainees.
167. Eventually, the two (2) trainees and their canines resided in homes and no
compensation was afforded to any of the home providers.
168. In September of 2010, in an attempt to avoid the delays and disruption to the
progress of the K9 Program because of interference by NHP Command and Colonel
Perry, Sgt. Yarnall met with Director Hafen offering to become a civilian employee
with a salary of $80,000 per year. Director Hafen agreed the permanent position
would minimize the sabotage occurring and would also save Nevada nearly half of
the funds allocated to K9 training.
169. Following the meeting, Director Hafen ordered both Lt. O’Rourke and Lt.
Peterson to each separately create and develop a permanent civilian position for Sgt.
Yarnall to fill. Director Hafen also ordered Lt. O’Rourke prepare Sgt. Yarnall’s
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contraction extension for January 1, 2011 through June 31, 2011 in order to avoid
delays and/or force Sgt. Yarnall to once again work without just compensation.
170. Repeatedly, both Director Hafen and Sgt. Yarnall followed up with the
Lieutenants to assess the progress of their ordered tasks. Every time, each
Lieutenant stalled claiming the other Lt. was handling the task.
171. During the month of October in 2010, Trooper Moonin was repeatedly pulled
out of Instructor training by Sgt. Mike Cooke to pull statistical data for Lt.
O’Rourke. Each and every time Trooper Moonin attempt to pull the records Lt.
O’Rourke requested, Trooper Moonin found the records missing.
172. As the requests, and the corresponding sabotage and deletion of K9 records
continued, Trooper Moonin established an updated backup copy of the records; as
such, Lt. O’Rourke’s request were fulfilled limiting his attempts to keep Trooper
Moonin away from training.
173. Near the end of 2010, Director Hafen announced his retirement from
NVDPS.
174. As Director Hafen’s retirement approached, Colonel Perry, who was being
promoted to NVDPS Deputy Director, became bolder escalating the openness and
level of the hostility he directed at the K9 Program and staff.
175. On December 31, 2010, Director Hafen’s last day of employment, Colonel
Perry’s hostility and antagonistic behavior had escalated to such an egregious level
that Director Hafen initiated an internal investigation with the Office of Personal
Responsibility(hereinafter referred to as “OPR”) against Colonel Perry.
176. As of Director Hafen’s last day, neither Lieutenant had completed their
ordered tasks; no civilian job position had been created and an employment
renewal/extension had not been drafted.
177. On Sgt. Yarnall’s last day under his employment contract, December 31,
2010, upon inquiring about his renewal/extension, Sgt. Yarnall was explicitly told by
Lt. O’Rourke the renewal/extension was waiting for Deputy Director Perry’s
approval.
178. On January 1st, 2011, Colonel Perry assumed the position of Acting Director.
(now referred to as “Director Perry.”).
179. Beginning on January 1st, 2011, Sgt. Yarnall’s contract extension was once
again maliciously delayed. Sgt. Yarnall continued to work 10 hour days without
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compensation and traveling at his own expense to maintain the integrity of the K9
Program and facilitate the success of all new trainees.
180. Sgt. Yarnall frequently requested an update on the extension of his contract
from Lt. O’Rourke. Each time, Sgt. Yarnall was informed Director Perry was
holding up the extension but that because Lt. O’Rourke continued to make Director
Perry aware of the statistics and tremendous success of the K9 Program, there would
be no problem.
181. At the end of March of 2011, Lt. O’Rourke informed Sgt. Yarnall that
Director Perry had personally decided not to renew his contract. Sgt. Yarnall was
shocked as Sgt. Yarnall had continually relied on Lt. O’Rourke’s verbal guarantee of
a contract and had worked uncompensated and traveled repeatedly at his own
expense. Deputy Perry’s erroneous refusal caused Sgt. Yarnall to lose over
$63,751.50 rightful compensation.
182. In late January, 2011, Trooper Moonin was interviewed by Lt. Jackie Muth of
OPR regarding the hostile work environment complaint initiated by Director Hafen.
Trooper Moonin testified truthfully about the widespread hostility and misconduct.
Trooper Moonin also identified the misappropriation or misuse of Asset Forfeiture
Funds.
183. During January 2011, Director Perry initiated a secret investigation into the
ICE/K9 program. The purpose and results of that investigation have never been
disclosed.
184. On February 21st, 2011, Major Sanchez questioned NHP Northern Command
K9 Instructor Trooper West regarding the two NHP detector dogs handled by
Troopers Gordon and Ferguson. Major Sanchez wanted to know if either or both
dogs could be retrained to new handlers. Trooper West was stunned by the question
because Troopers Gordon and Ferguson were still active K9 Handlers. Trooper West
explained that Gordon’s dog “Popeye” was an excellent dog and could be retrained,
but that he was originally selected for dual-purpose status (patrol and detection).
The dog needed additional training experience that the newly trained Instructors,
West and Moonin, were supposed to assist Sgt. Yarnall with the training. Trooper
West informed Major Sanchez that the transition training could not be done without
Sgt. Yarnall. Trooper West also told Major Sanchez training Trooper Ferguson’s
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dog “Amanda” to a new handler could be easily done as the Instructor Course had
covered this exact scenario.
185. Later that same day, Deputy Chief Tice notified Troopers Gordon and
Ferguson, without any explanation or reason, the Troopers were being immediately
removed from their ICE/K9 duties. Deputy Chief Tice then informed the Troopers
would be given their new assignments at a later date; effectively, Deputy Chief Tice
placed the Troopers into employment limbo.
186. On February 23rd, 2011, Sgt. Wayne Prosser replaced Sgt. Cooke from the
Southern Command Ice/K9 Team.
187. That same day, Deputy Chief Tice and NHP Southern Command staff
members including Captain Thom Jackson, Lieutenant Charles Haycox, and Sgt.
Prosser met with Trooper Moonin and the two remaining NHP members of the
Southern Interdiction Task Force. Deputy Chief Tice introduced the members to
their new NHP Chain of Command. Deputy Chief Tice questioned Trooper Moonin
about retraining the two dogs previously assigned to Troopers Gordon and Ferguson.
Trooper Moonin responded identically to the response given by Trooper West; one
dog could be easily retrained while the other dog, due to the dog’s wider breadth of
skills, would require Sgt. Yarnall as skills necessary exceeded those of Trooper West
of Moonin. Deputy Chief Tice explicitly stated the sudden removal of Troopers
Gordon and Ferguson was a warning to the remaining members of the ICE/K9 Team.
Deputy Chief Tice demanded the Troopers buy-in to this “new direction” and new
chain of command. At the conclusion of the meeting, Deputy Chief Tice explicitly
and openly threatened Trooper Moonin stating Trooper Moonin must conform and
accept the new chain of command or Trooper Moonin would be removed from his
position. Deputy Tice explicitly and openly stated to Trooper Moonin, “This team
will be a success with or without you.”
188. On February 24th, 2011, Deputy Chief Tice issued a gag order sending out a
department wide email ordering all ICE/K9 members and line employees to have no
communications verbal or written with individuals outside the ICE/K9 program.
“Effective immediately, except for allied LE agencies and HIDTA representatives,
there will be NO direct contact between K9 handlers, or line employees with ANY
non-departmental and non-law enforcement entity or persons for the purpose of
discussing the Nevada Highway Patrol K9 program or interdiction program, or
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direct and indirect logistics therein. All communication with ANY non-departmental
and non-law enforcement entity or persons regarding the Nevada Highway Patrol
K9 program or interdiction program, or direct and indirect logistics relating to these
programs WILL be expressly forwarded for approval to your chain-of-command.
Communication will be accomplished by the appropriate manager/commander if
deemed appropriate. Any violation of this edict will be considered insubordination
and will be dealt with appropriately.”
189. The gag order resulted in all K9 staff being subjected to extreme suspicion,
mistrust and isolation. K9 staff was embarrassed and felt intimidated and overall
fearful of engaging in normal workday activities for fear of termination.
190. On or about March 3rd, 2011 Trooper Moonin asked Sgt. Prosser about K9
certifications for the remaining NVDPS K9’s. Trooper Moonin was then told by Sgt.
Prosser that Deputy Chief Tice, Colonel Almaraz and Director Perry had decided to
remove Trooper Moonin as a K9 Trainer. Trooper Moonin was shocked,
embarrassed, and humiliated. Trooper Moonin was advised Trooper West would be
the only trainer. Upon Trooper Moonin expressing the need for objective
certification, Sgt. Prosser stated Director Perry, and all NVDPS/NHP Command, had
made their decision and the decision was final.
191. On March 3, 2011, Director Perry and Colonel Almaraz testified before the
Joint Subcommittee on Public Safety/Military/Veteran’s Services of The Senate
Committee on Finance and The Assembly Committee on Ways and Means Seventy-
sixth Session regarding the DPS K9 Program. Both Director Perry and Colonel
Almaraz provided false and deceptive information minimizing the K9 Program’s
huge success.
192. On March 3, 2011, NHP Southern Command Lieutenant Haycox met with
K9 Trooper Gary Smith on I 15-mile marker 58. Lieutenant Haycox told Trooper
Smith “turn in your leash and this can all go away”. The statement was in reference
to and acknowledgement of the escalating hostile work environment and retaliatory
acts perpetrated towards targeted members of the K9 Program by Acting Director
Perry and the DPS/NHP Command Staff. Ten minutes later, Lieutenant Haycox met
with Trooper Moonin where he also pressured Trooper Moonin to quit the K9
Program by way of negative performance evaluation and demands for illegal,
unreasonable performance quotas and counterproductive deployment strategies.
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193. On or about March 3rd, 2011 Trooper Moonin was ordered into a meeting
with Sgt. Prosser and Lt. Haycox to discuss his performance. After years of
exemplary performance, Trooper Moonin was informed his current performance was
unsatisfactory. Sgt. Prosser compared Trooper Moonin to another trooper, Trooper
Shaun Martin, stating the number of traffic stops completed by Trooper Moonin was
significantly less than Trooper Martin. Trooper Moonin was informed by Lt.
Haycox NHP leadership had characterized him as “lazy, resentful, and stealing time
from the Highway Patrol.” Embarrassed, humiliated, and intimidated, Trooper
Moonin attempted to list his additional responsibilities as compared to Trooper
Martin; however, Lt. Haycox refused to listen explicitly stating that Trooper Moonin
needed to “complete a minimum of seventeen stops no matter what.” When Trooper
Moonin asked about the implementation of this “quota,” Trooper Moonin’s job was
threatened and Lt. Haycox told him to be quiet. Lt. Haycox informed Trooper
Moonin that although the K9 Program would hate to lose him, he was replaceable
and the Program would still succeed without him.
194. On or about March 10th, 2011 NHP Captain Osbourne executed a second gag
order prohibiting K9 staff from any communications with any person not involved
with ICE/K9 interdiction program operations. Yarnall’s contract renewal was still
pending. In order to maintain a high level of reliability within the K9 Program,
Yarnall, without any compensation continued to mentor the new K9 Instructors,
Troopers Moonin and West, conduct maintenance training, and conduct evaluations.
Trooper Lee and Trooper West asked if the gag order included Yarnall. Troopers
Lee and West also enquired if the gag order included Nevada Friends of K9. Captain
Osbourne stated he didn’t know and contacted Deputy Chief Brian Sanchez. Deputy
Chief Sanchez then contacted Acting Director Perry for clarification. Deputy Chief
Sanchez then told Captain Osbourne, who then told Trooper Lee and Trooper West
that Yarnall as well as Nevada Friends of K9 were included in the gag order. Shortly
thereafter Yarnall received a phone call from Lieutenant John O’Rourke informing
him that Acting Director Perry personally decided that his contract for the required
OJT training and mentoring of the new K9 Instructors would not be renewed. In very
short order, Acting Director Perry had effectively dismantled the NVDPS K9
Program and suppressed productivity, initiative, and reliability.
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195. In late March, 2011, Director Perry notified Deputy Chief Gagnon that
Director Perry had personally launched a formal internal investigation (OPR) against
him.
196. Deputy Chief Gagnon was fully apprised of Director Perry’s willingness to
lie and engage in improper behavior; since Director Perry had openly enumerated his
announced his intention to remove staff promoted by prior Director Hafen, Deputy
Chief Gagnon knew the OPR investigation would be corrupt and rigged against him.
Deputy Chief Gagnon knew his Director Perry would have no issue with baselessly
damaging his reputation and ruining Deputy Chief Gagnon’s long, law enforcement
career. Deputy Chief Gagnon had witnessed Director Perry destroying the
reputations, character and careers of other law enforcement personnel.
197. Based solely upon the actions of Director Perry, i.e. the launching of the
meritless investigation and his willingness to engage in unethical behavior, on March
28, 2011, Deputy Chief Gagnon retired from NVDPS.
198. On or about April, 2011, retired Deputy Chief Gagnon applied for a law
enforcement position with the Ely Police Department.
199. Soon after applying, Director Perry was attending a law enforcement
conference in Ely and intentionally sought out the hiring, White Pine Sheriff, Dan
White. Director Perry falsely informed Sheriff White that prior Deputy Gagnon was
a back stabber, could not be trusted, and should not be hired for the law enforcement
position in Ely.
200. During March and April, 2011, Deputy Chief Tice continued the
fragmentation and decentralization plan for the Southern Command Ice/K9 Teams.
Deputy Chief Tice selected Trooper Hugh Shook and Trooper Ervin Raab to replace
the baselessly fired previous handlers. Trooper Donald Dice, a close confidant of
Deputy Tice, was added to the ICE Team without explanation.
201. Shortly after the new appointments, the Southern Nevada Interdiction Task
Force was split into two squads. Each squad included members of both members of
NHP and Detectives from LVMPD. This structure closely mirrored the previously
failed K9 program since this major structural change decentralization the Program
which had previously been found to result in fragmentation causing a lack of
accountability and instability in operations.
202. Trooper Moonin was assigned to work under LVMPD Sergeant Greg Zeil.
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203. From February 2010 to May 2011, Trooper Lee received an increasing
number of disciplinary, counseling sessions by Sgt. Lewis for insignificant or
fictitious incidents.
204. In April of 2011, in one disciplinary, counseling session with Trooper Lee,
Sgt. Lewis directly represented to Trooper Lee he had violated policy and read
Trooper Allen Young’s OPR investigation. Sgt. Lewis confrontationally informed
Trooper Lee that the testifying troopers, he (Trooper Lee), Trooper West, and
Trooper Urso were personally and solely responsible for Trooper Young’s removal
from the Task Force. Sgt. Lewis informed Trooper Lee that his actions were a “slap
in the face,” i.e. a betrayal of a fellow police officer. Trooper Lee was intimidated
and felt threatened.
205. During April of 2011, Trooper Moonin was now integrated into his team
which included himself, as a NHP Trooper, and LVMPD Narcotic Detectives. As
Trooper Moonin began working closely within his team, Trooper Moonin began
witnessing some team members conducting questionable and unconstitutional
searches.
206. After each witnessed questionable or outright unconstitutional search,
Trooper Moonin verbally discussed the actions with the LVMPD detectives
committing the offense. Each time, Trooper Moonin’s concerns were met with
rationalizations and distrust.
207. During April of 2011, Sgt. Prosser contacted Troopers Moonin and Smith
informing the Troopers their vehicle’ camera was being changed to include a
memory card with a larger capacity. Sgt. Prosser explained a larger capacity
memory card was to assist Trooper Moonin in limiting the time spent at the office
uploading his stored in-car video recordings.
208. As no other members were scheduled for “re-programming,” the procedure
seemed unusual and suspicious. Fully aware of the commonplace acceptability of
dishonesty within NDPS/NHP Command, Trooper Moonin was concerned he was
being set up in some fashion.
209. Soon after, the camera modification was executed by Sgt. Prosser.
Concerned about the reasons for the overall modification, Trooper Moonin insisted
on overseeing the process. Trooper Moonin witnessed Sgt. Prosser removing a
Compact Flash type memory card listing the size of 16 gigabyte with an identical
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card, also listing the size as 16 gigabyte. He further mentioned that the “NHP
Sergeant in charge of the L3 program would be re-programming” Trooper Moonin’s
in dash camera.
210. On or about April 28th, 2011, Trooper Gordon was notified he was being
investigated by OPR for conspiring with members of the public and using their
political influence to remove members of the Department of Public Safety. The
investigation was totally baseless and without fact.
211. Even though the OPR investigator herself explicitly labeled the investigation
a “political witch hunt,” the OPR investigation never officially closed or a decision
clearing Trooper Gordon’s name rendered. For the 8 months prior to Trooper
Gordon’s retirement, the investigation remained open with Trooper Gordon suffering
isolation under a cloud of suspicion.
212. On or about May 4th, 2011, Trooper Moonin was ordered to a meeting with
Lt. Haycox and Capt. Jackson regarding the re-training of dog “Amanda”. Capt.
Jackson asked Trooper Moonin for a working plan to get “Amanda” re-trained and
working with Trooper Shook. Trooper Moonin explained policy required Trooper
Shook and “Amanda” complete the NVDPS POST, 400-hour certification course.
Capt. Jackson replied, “I would caution you a little; POST isn’t that great of an
accreditation.” Capt. Jackson asked if Trooper Moonin had the skills to train
“Amanda.” However, upon Trooper Moonin responding affirmatively, Capt.
Jackson stated that NHP Command was not “appreciating the magnitude of the
commitment,” i.e. referring to the amount of work required to manage the K9
Program. Capt. Jackson then baselessly discounted Trooper Moonin’s skills in front
of Command staff and Trooper Shook and referred sarcastically to a plan of having,
“five students’, but only one has a furry friend.” Referring to five K9 handlers being
trained, but only one handler would handle a K9. The comment made no sense.
Captain Jackson then said DPS/NHP Command was entertaining a “hybrid” program
that would send Trooper Shook to LVMPD to have the K9 team trained. As an
experienced expert, Trooper Moonin explained the pitfalls to the overall reliability
and success of a “hybrid” non-standardized K9 Program. Trooper Moonin further
advised Captain Jackson of the growing trend of civil lawsuits for Fourth
Amendment violations against police departments nationwide and the growing trend
of the courts to cite non standardized training, policies, and procedures as grounds
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for dismissal of criminal drug cases involving drug dogs. Trooper Moonin also
advised Captain Jackson that fragmentation of K9 training and ICE Program
integrity can and will probably lead to a lack of reliability and accountability by the
K9 and ICE Teams.
213. On or about the afternoon of May 4th, 2011, Lt. Haycox initiated a meeting
with Trooper Moonin, Trooper Shook and Sgt. Prosser. Lt. Haycox stated NHP
Command was unhappy with the level of currency seizures. Lt. Haycox stated he
wanted everyone to work southbound I-15 to seize more money.
214. In or about May of 2011, Sgt. Prosser and Trooper Gary Smith were both
present at a civil rights presentation at the National HIDTA Domestic Highway
Enforcement (DHE) conference. The presentation emphasized a growing trend of
civil suits alleging civil rights violations filed against departments using drug dogs in
highway drug interdiction deployments. The presentation provided the reasons for
the rise in suits against police departments resulted from a lack of overall
standardization including, training, policies and procedures and performance
evaluations, i.e. certifications.
215. Weeks later, during their quarterly K9 certification meeting, the presentation
regarding an increase in civil rights suits against police departments was thoroughly
discussed. The K9 Instructors, Trooper Moonin and Trooper West, discussed the
utmost importance of standardization and the need to bring have a meeting with NHP
Command to discuss the matter thoroughly.
216. As discussed in the meeting, a few days later, Sgt. Lewis was contacted
requesting a meeting be set up with NHP Command to discuss the legal exposure
matter.
217. In response to the request for a meeting, Sgt. Lewis contacted Chief Almaraz
characterizing Trooper Moonin and Trooper West’s actions to meet with NHP
Command as improper attempts to violate their chain of command. Chief Almaraz
responded stating Troopers Moonin and West needed to contact the Deputy Chiefs in
their respective commands.
218. Upon receiving this information, Trooper Moonin and Trooper Gary Smith
requested a meeting with Deputy Chief Tice, through Lt. Haycox, to discuss the
matter.
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219. On several occasions during the month of May of 2011, Trooper Moonin
heard Trooper Shook inform LVMPD Narcotics Detectives and NHP Troopers
workers of Trooper Moonin’s unwillingness to acquiesce misconduct. Possessing
the knowledge of LVMPD’s relaxed searching standards, Trooper Shook’s
statements and demeanor clearly indicated his willingness to engage in misconduct
in order to garner favor with LVMPD Narcotics Detectives.
220. After Trooper Moonin overhead these statements, Trooper Moonin began
suffering escalating levels of alienation, isolation and shunning from his unit co-
members, NHP supervisors, and DPS/NHP Command. The alienation and shunning
escalated to a highly dangerous level since Trooper Moonin was no longer afforded
officer backup, as was proper, safety protocol, from his co-workers and no actions
were ever taken by NHP Command to rectify the clear violation of safety protocol
and/or Trooper Moonin’s exposure to bodily harm.
221. On or about May 23rd, 2011, Trooper Moonin and Trooper Smith finally met
with NHP command. Trooper Moonin again advised NHP Command that their
organizational changes to the K9 Program was fragmenting the Program and would
result in the overall loss of credibility, reliability, and sustained success. Further,
Trooper Moonin finally presented NHP Command with the information presented at
the DHE conference regarding the increase in civil rights based lawsuits against
police departments due to lack of overall standardization. In direct opposition to the
legal advice given to NHP Command at the DHE Conference, Capt. Jackson
announced NHP’s decision to train Trooper Shook and “Amanda” under the
LVMPD system characterizing their training as “stand-alone.” Capt. Jackson
indicated future training would comply with established protocol further stating that
the attorney who gave the presentation at the DHE conference was an “an idiot.” To
ensure utter compliance, acceptance and silence, Capt. Jackson implicitly threatened
Troopers Moonin and Smith’s sought promotion to Sergeant.
222. Deputy Chief Tice implicitly noted the accuracy of the presentation at the
DHE conference and acknowledged the risk of civil challenge due to the lack of
standardization stating, “I’m aware of the potential challenge, um, for inconsistency,
and I’m willing to accept that.” However, Deputy Chief Tice then explicitly stated
NHP Command had decided to accept the risk. “The Colonel (Tony Almaraz), and
the other Major Brian Sanchez) discussed that, and we’re willing to accept that.”
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Deputy Tice further stated, “It’s irrational to think you would have some civil
liability.” “To think you could carry some liability is not ultra-rational.” Deputy
Chief Tice then also threatened Trooper Moonin turning to Trooper Moonin and
stating, “I’m not going to tolerate folks saying that Kevin Tice is destroying your
program; that kind of thing is going to get you out of the program.” Further stating to
Trooper Moonin if he failed to accept NHP Command’s decision in silence, NHP
would retaliation and “It’s going to hurt; it’s going to be painful; we’re going to have
a good program with or without you!”
223. Although Deputy Chief Tice, nor any NHP command staff member, had ever
witnessed the inner workings of any K9 Program, Deputy Chief Tice reiterated that
he, Major Sanchez and Colonel Almaraz had all agreed in utilizing the LVMPD K9
training program. Deputy Chief Tice discussed his meeting with LVMPD K9
trainer Jay Carlson (hereinafter referred to as “Trainer Carlson.”) Deputy Chief
Tice said he spent one hour with Trainer Carlson and it was “an impressive hour”
where he “learned some basics.” Deputy Chief Tice said he researched Trainer
Carlson and his resume was every bit as impressive as Sgt. Yarnall.
224. Upon Deputy Chief Tice leaving the meeting, Capt. Jackson returned to the
meeting and met with Troopers Moonin and Smith. Capt. Jackson told Trooper
Moonin that he was “not to talk or associate with Bill West up in Reno.” He told
Trooper Moonin in front of Command Staff that “Bill West is putting his dick in the
door and slamming it!” referring to Trooper West contacted command staff
regarding the K9 units shared concern.
225. Later that day, Trooper Moonin reported Capt. Jackson’s order and overall
vulgarity to Lt. Haycox and Sgt. Prosser; Lt. Haycox and Sgt. Prosser took no action.
226. A short time after this meeting, Trooper Moonin was interviewed for
promotion to NHP Sergeant.
227. In spite of receiving extremely positive feedback and receiving one of the top
ratings, Capt. Jackson informed Trooper Moonin he was not being promoted to
Sergeant.
228. During the months of June and July of 2011, Trooper Moonin began
witnessing LVMPD narcotic detectives engaging in escalating acts of misconduct
including, but not limited to, egregious violations of Constitutional Rights.
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229. During the months of June and July of 2011, Trooper Ervin Raab repeatedly
delayed notifying dispatch of his traffic stops for approximately 15-20 minutes.
Trooper Raab would determine if the traffic stop had drug seizure potential before
notifying dispatch; this not only violated procedure but fraudulently skewed Trooper
Raab’s performance. Further, also in direct violation of procedure, Trooper Raab
was conducting a traffic stop well into the State of Arizona.
230. During the same months, Trooper Donald Dice was running registration
checks through NHP Dispatch and stopping vehicles with car registrations under
Hispanic names.
231. In one incident at the FedEx sort facility on Post Road, in Las Vegas,
Nevada, Trooper Moonin observed Detective Jaeger remove a box from the belt and
place it on the ground for Trooper Shook to run his narcotic detection K9 “Amanda”.
Detective Jaeger removed a small poker type device from his pocket and poked the
side and top of the box. LVMPD Sergeant Greg Zeil was present and witnessed the
incident but was totally silent to the improper acts.
232. As the improper behavior escalated in frequency, three (3) Troopers,
Troopers Moonin, Martin, and Smith met personally with Sgt. Prosser to complain
about the unconstitutional and improper behavior witnessed. Sgt. Prosser responded
to the complaints with some nonsensical reason for the Trooper’s improper actions;
Sgt. Prosser’s response clearly indicated a he would not be addressing the
unconstitutional and improper actions.
233. As was indicated by Sgt. Prosser’s initial response, the improper actions
continued with no disciplinary actions against the offending officers being taken or
counseling sessions occurring.
234. At the beginning of May, 2011, Dana Gentry, the producer of Las Vegas
Television Channel 3’s Face to Face With Jon Ralston program, began inquiring into
possible mismanagement by DPS/NHP Command of federally and state funded
programs and property earmarked for specific crime reduction programs. As the
inquiry progressed, Ms. Gentry began asking questions regarding possible
mismanagement or misappropriations of Asset Forfeiture Funds by DPS/NHP
Command.
235. On June 16, 2011, Colonel Almaraz, NHP Chief, wrote a letter to the
executive board of Nevada Friends of K9 that informed the board that DPS/NHP
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would no longer accept donations or assistance from Nevada Friends of K9. Colonel
Almaraz’s letter outlined his personal plans for the expansion and management of
the K9 Program, and clearly documented his intent to continue his career with
Nevada Highway Patrol.
236. In the evening of June 16, 2011, Las Vegas Channel 3 Face to Face with Jon
Ralston aired a segment documenting mismanagement at the top of DPS/NHP, and
raised questions regarding malfeasance or misuse of state and federal funding.
237. On the morning of June 17, 2011, Colonel Tony Almaraz abruptly and
without notice retired from NHP. His stated reason for retirement was that he always
wanted to be an airline pilot.
238. On July 21st, 2011, Las Vegas News Channel 3 show “Face to Face”
launched an investigative series disclosing the incompetence, malfeasance, and
possible corrupt command of NDPS/NHP.
239. Between July 21st and December 30th, 2011, several segments on the issue
were broadcasted.
240. Following the news stories, NDPS/NHP Command spread and supported the
rumor that Trooper Moonin was the media’s source and he had betrayed his
department.
241. In response to false rumor, Trooper Moonin experienced further, extreme
isolation; Trooper Moonin was subjected to cat calls and repeated aggressive and
implicitly threatening accusations from NHP Command and co-workers. The
hostility in the work environment caused Trooper Moonin great embarrassment as
well as fear for his personal safety, career, and even security of employment.
242. On July 28th, 2011, Trooper Moonin filed a complaint with the Department of
Public Safety Office of Professional Responsibility Lieutenant Jackie Muth.
243. Motivated by Trooper Moonin’s prior complaints, Trooper Shook cornered
and confronted Trooper Moonin. Trooper Shook made serious false and misleading
statements alleging official corruption and cash kickbacks by several Nevada
Highway Patrol Troopers including Trooper Moonin and Trooper Lee. Trooper
Shook made false and misleading statements alleging official corruption and cash
kickbacks regarding a philanthropic citizens group (Nevada State Friends of K9)
comprised of business and community leaders who have dedicated untold hours of
selfless labor and personal expense for the benefit of the citizens of Nevada and the
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Nevada Department of Public Safety. Trooper Shook made false and misleading
statements alleging official corruption, cash kickbacks, lack of industry expertise,
and shoddy work regarding Sgt. Yarnall. Additionally, Trooper Shook made
statements revealing his disregard for citizen constitutionally protected 4th
Amendment Rights.
244. On or about August 3rd, 2011, the hostility and retaliation Trooper Moonin
was suffering had escalated to such a level Trooper Moonin felt compelled to request
a formal squad transfer through Sgt. Prosser. Members of the Task Force that
included the LVMPD Detectives, and Trooper Shook, were shunning and isolating
Trooper Moonin to such an extent Trooper Moonin felt his personal safety
jeopardized and his job performance suffering.
245. In direct violation of normal protocol and procedure, Sgt. Prosser ignored
Trooper Moonin’s request.
246. On August 19th, 2011, Trooper Moonin and his Unit were assigned to the
FedEx sort facility. Trooper Moonin was working the outbound belt with LVMPD
Narcotics Detective Hector “Adrian” Sandoval and LVMPD Narcotics Detective
Ray Schaffner. LVMPD Narcotics Sergeant Greg Zeil was the supervisor on the
scene. Trooper Moonin witnessed Detective Sandoval and Schaffner remove one
parcel each from the belt and set it down on the walkway next to the belt. Trooper
Moonin witnessed both Detectives remove keys from their pockets and poke holes in
the boxes as the bent over to pick them up. This was a clear unconstitutional
technique. Both detectives walked to a location in close proximity to the belt and
laid both boxes on the ground. They placed a randomly selected box taken from the
belt, without punctures next to the two probed boxes. Detective Schaffner returned
to his vehicle and brought his narcotic detector dog “Falley” into the shipment bay.
Trooper Moonin watched “Falley” sniff the packages with no response/alert from the
K9. Detectives repositioned the boxes and still no response/alert from the K9. The
K9 came to the third box without punctures and alert by putting her paw on the box
and looking back and forth from the box to Detective Schaffner. The K9 received no
response from Detective Schaffner and left the box. Sergeant Zeil witnessed the act
and didn’t question the unconstitutional tactic used.
247. During August of 2011, LVMPD Narcotics Detective’s Ray Schaffner and
Dale Jaeger remove two suspect boxes from the outbound belt at the FedEx Sort
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Facility. Both Detectives placed the boxes on a flatbed cart located just outside the
shipping bay door. No attempts were made to contact the “Sender” or “Receiver” of
the packages to gain possible consent to search. Detective Schaffner retrieved his
narcotic detector dog “Falley” and deployed her on the boxes. The K9 gave no
responses to the packages after several passes. Detective Jaeger walked over and
poked several holes along the center of the tape securing the boxes. Detective
Shaffner again deployed his narcotic detector dog with negative results. Detective
Jaeger took both packages to this vehicle and opened them and unlawfully searched
the contents of each. He returned a short time later and the boxes had been re-sealed.
The boxes were placed back on the belt
248. During late August, 2011, Trooper Gary Smith and his dog “Jaeger” were
ordered to be tested by LVMPD K9 trainer Mel English to determine if “Jaeger”
could be trained under the LVMPD K9 training system. The explanation given by
Sgt. Prosser was that the canines were to be evaluated by a third party to see if the
NVDPS K9 Program was sufficient. Trooper Smith and “Jaeger” were then subject
to a” test” by approximately eight LVMPD K9 unit personnel. Trooper Smith was
asked by LVMPD Master K9 Trainer Mel English which drug odor his dog was most
comfortable with. This question by Officer English indicates a lack of understanding
of subject matter and LVMPD’s insufficient performance standards. Trooper Smith
replied, “all odors.” Five trace odor hides (toothpicks laden with microscopic drug
odor) had been concealed within a large warehouse prior to Trooper Smith’s arrival
and Trooper Smith was not informed of the hide locations. The temperature was 105
degrees inside the warehouse. The “test” was a setup for failure. During Jaeger’s
evaluation and while the dog was searching out the drug odor, one of the LVMPD
handlers “dry tested” his Taser unit - a gross violation of search protocol and a clear
attempt to distract or frighten the dog. But Jaeger found all five hides with no false
alerts – a 100% reliability ratio. 100% should always be the goal of every detector
dog team and was the standard for all NVDPS/NHP K9 Teams. Yet K9 Jaeger was
given a “B- to a C” rating by the LVMPD evaluating personnel, Master Trainer Mel
English. The severe level of difficulty in extreme temperatures, the dry firing of the
taesar, and the number of LVMPD officers crowded around the dog during the
search are clear evidence of a set up. Very few detector dogs outside the NDPS K9
Program could or would work successfully under such conditions.
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249. On August 31st, 2011, Trooper Moonin and Trooper Smith were purposefully
excluded from a joint LVMPD/NHP Ice/K9 drug task force meeting.
250. Later in the day, Trooper Moonin was informed by Trooper Shaun Martin
that he, Sgt. Prosser, Trooper Dice, and Trooper Raab were present at the meeting in
which LVMPD Sergeant Zeil initiated a heated discussion concerning an inquiry to
LVMPD from Las Vegas Channel 3 news producer Dana Gentry regarding civil
rights violations committed by LVMPD and NHP task force members at a local
FedEx shipping facility. Ms. Gentry’s inquiry specifically addressed allegations of
illegal poking and opening of sealed parcels at the shipping facility to assist the K9’s
in detecting illegal drugs. Several of the Detectives at the meeting became enraged
that someone had disclosed information about their illegal activities. Several
members at the meeting said they knew the leak was coming from the inside and that
everyone had to be careful. Sgt. Prosser remained quiet during the discussion. At the
end of the discussion, instead of condemning or initiating an investigation in to the
allegations of illegal activities and gross misconduct by their subordinates, both NHP
Sgt. Prosser and LVMPD Sgt. Zeil recommended non-disclosure and a tightening of
the ranks.
251. On September 7th, 2011, Sgt. Zeil called a meeting with Trooper Moonin,
Trooper Shook, and Detective Jaeger. Sergeant Zeil discussed the August 31st
meeting telling Trooper Moonin specifically that someone went to the media and
told them Metro was probing and poking boxes prior to dog sniffs. Sgt. Zeil
explained that “narcotics detail is a covert mission”, and not to tell friends outside
the unit because it leads to other people knowing our business. Sgt. Zeil directed his
explanation directly to Trooper Moonin.
252. After the meeting Trooper Shook and Detective Jaeger met outside in the
parking lot intentionally and visibly excluding Trooper Moonin; the behavior was
intended as further intimidation to remain silent. After dinner later that evening
Trooper Moonin was speaking to LVMPD Detective Dale Jaeger about the earlier
meeting regarding the media and cutting the boxes. Detective Jaeger stated “there
was nothing wrong with what they were doing”. He said he had talked to Ervin Raab
and Donald Dice and knew they didn’t go the media. Jaeger told Trooper Moonin it
was either him or Gary Smith that was responsible for the media attention. He said,
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“people get hurt doing things like that”. Trooper Moonin recognized that statement
as a direct physical threat.
253. On September 7th, 2011, Trooper Moonin was assigned by Sgt. Zeil to
conduct a high profile vehicle stop of a person suspected of transporting a large
amount of narcotics into Nevada. Contrary to custom, standard procedure, and
common sense, Trooper Moonin was refused any back-up from his squad. Although
the traffic stop placed Trooper Moonin in personal peril, he and “Teko” located and
seized over thirteen pounds of Methamphetamine.
254. On August 31, 2011, Trooper Moonin notified Sgt. Prosser that his patrol
vehicle’s camera was not recording properly. Sgt. Prosser took no action to remedy
to problem.
255. On September 6, 2011, Trooper Moonin was advised by Lt. Haycox that he
and his dog would be “tested” by members of the LVMPD K9 Program on
September 8, 2011.
256. On September 8th, 2011, 2:39 p.m. Trooper Moonin was assigned to work
with ICE investigators at the McCarran International Airport. Although Trooper
Moonin and K9 Teko were scheduled to be “tested” by LVMPD K9 sometime that
day, Moonin and Teko were assigned to search baggage for hours in an outside area
and temperatures exceeding 95 degrees. It is customary and proper industry protocol
to ensure a dog has adequate rest prior to any evaluation, test, or certification.
Trooper Moonin recognized this assignment as an intentional means to exhaust his
dog and ensure failure of the pending LVMPD evaluation. While working the
operation, Trooper Moonin was contacted by Lt. Haycox via LVMPD Sgt. Greg
Zeil’s cell phone. Lt Haycox told Trooper Moonin that his patrol vehicle’s in car
camera was not recording and in an accusatory tone as if Trooper Moonin had
tampered with or sabotaged the camera system. Lt. Haycox demanded an
explanation. Trooper Moonin explained the issues to Lieutenant Haycox.
Lieutenant Haycox ordered Trooper Moonin away from a Federal Task Force
operation to the NHP Southern Command immediately.
257. Trooper Moonin was met at the NHP Southern Command garage by
Lieutenant Haycox and Sergeant Tom Higgins. Sergeant Higgins opened Trooper
Moonin’s passenger door and began accessing his in-car camera controls. Trooper
Moonin attempted to watch what he was doing. Lieutenant Haycox saw Trooper
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Moonin watching him and quickly ordered Trooper Moonin to exit the vehicle.
Lieutenant Haycox walked around the front of Trooper Moonin’s vehicle and met
him on the driver's side. Lieutenant Haycox asked Trooper Moonin when the camera
was installed in the vehicle. Trooper Moonin explained sometime in March.
Lieutenant Haycox asked Trooper Moonin what the exact date it was installed.
Trooper Moonin explained he couldn't remember. He again asked when it was
installed. Lieutenant Haycox was speaking in an accusatory tone similar to a strict
interrogation. He continued to ask Trooper Moonin exactly when he noticed the
camera malfunctioning. Trooper Moonin explained he noticed it August 31st, 2011.
He explained he brought it to the attention of Sgt. Prosser and was by Sergeant
Prosser advised to have the camera examined the following work week. Trooper
Moonin explained he had brought the vehicle in on August 7th as advised.
258. Lieutenant Haycox continued to interrogate Trooper Moonin in an accusatory
tone about the camera. Lieutenant Haycox demanded to know where the second
memory card was for the camera. Trooper Moonin told him he was never issued a
spare card. He again asked where the card was. Trooper Moonin told him again he
didn't have one. He asked Trooper Moonin if he had a barrel key for the camera. The
answer was no. Trooper Moonin stated he, like all most Troopers, weren’t allowed to
have a key or extra card for the machine. He again asked Trooper Moonin where the
second card was. Trooper Moonin stated he didn't know. Lieutenant Haycox said in
a loud voice, "so you're saying you don't have a key for the machine?" The answer
was no. After several minutes of accusatory questioning, Trooper Moonin voiced his
protest and asked Lieutenant Haycox what this was all about. Lieutenant Haycox
didn't answer. During the questioning, Trooper Moonin noticed Lieutenant Haycox
repeatedly looking over at what Higgins was doing inside the vehicle. He again
asked where the second chip was. Trooper Moonin told Lieutenant Haycox about
the details surrounding Sgt. Prosser switching the memory cards. Haycox and
Higgins then told Trooper Moonin to take his vehicle around to the back of the
Southern Command and see if it would upload its data. Higgins turned to the Radio
Shop Technician, “Bill”, and told him to replace the card if the upload didn't work.
Haycox and Higgins walked out the east door and contacted Trooper Moonin.
Haycox said Sergeant Higgins was going to give Trooper Moonin some training on
the camera.
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259. Trooper Moonin chose to stay at the Southern Command to verify the in-car
camera was uploading data properly to the NHP server. Haycox told Trooper
Moonin to “hang out.” He told Trooper Moonin to go inside, check his mail box,
email, and finish any paperwork. Trooper Moonin explained there was no crate
inside to accommodate his K9 “Teko.” Lieutenant Haycox again suggested Trooper
Moonin to go ahead and take her inside. He again told Trooper Moonin to check his
mail box, email, and finish any reports. Trooper Moonin attempted to give K9
“Teko” a break. Lieutenant Haycox again mentioned going inside and checking his
mail box, email and catch up on any paperwork. Trooper Moonin found Lieutenant
Haycox’s behavior odd. Trooper Moonin grabbed “Teko” and walked into the office.
Trooper Moonin entered the NHP Task Force office and found a plastic crate that
was constructed and sitting with the door open. He hadn't seen the crate in the office
before. Haycox, Trooper Moonin checked his mailbox as so adamantly directed by
Lt. Haycox. He found a memory card sitting in the box behind some magazines.
Trooper Moonin examined the card visually. He then called Lt. Haycox and advised
him of his findings. Trooper Moonin explained he found the memory card in his
mailbox and that it was quite a coincidence. Lieutenant Haycox asked Trooper
Moonin how long the card had been in the mail box. Trooper Moonin now
understood he was being set up for disciplinary actions and that the memory card
may have been covertly uploaded with material that would be grounds for
disciplinary action against him. Trooper Moonin told Lieutenant Haycox he just
found it and called him immediately. Trooper Moonin told him he didn't want to
touch the card and for Lieutenant Haycox to retrieve it. Lieutenant Haycox told
Trooper Moonin he wanted him to "pick it up, put it in an envelope, and put it in his
mail box." Trooper Moonin told Lieutenant Haycox he didn't feel comfortable
touching the card and having his fingerprints on the card. Haycox interrupted
Trooper Moonin and said in an extremely nervous tone, actually, he had just talked
to Deputy Chief Tice and said that Tice had told him it was just a training issue and
the Deputy Chief said not to worry about it. He said it was no big deal and repeated
to Trooper Moonin to pick it up and put it in his box. Trooper Moonin contacted
Sergeant Scott Scrivner to have him witness the removal of the card. Sergeant
Scrivner and Trooper Moonin returned to the Task Force office where he observed
Trooper Moonin remove the memory card with evidence tweezers and seal it in a
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labeled envelope. They then walked up to Lieutenant Haycox’s office. Sergeant
Scott Scrivner unlocked Haycox's office and placed the card on Haycox’s desk.
Sergeant Scott Scrivner then shut and locked Haycox's office. Trooper Moonin
departed Southern Command and went to the K9 evaluation being conducted by
LVMPD. Trooper Moonin recognized this manufactured attempt at tricking him into
a disciplinary situation as harassment, to distract him from effectively completing the
LVMPD evaluation that he had been ordered to later that evening.
260. On September 8th, 2011, 8:00 p.m., Trooper Moonin responded to Schroder
Middle School as ordered by Lieutenant Haycox and Sergeant Prosser for an
“evaluation” of his Narcotics Detection Dog “Teko” by Las Vegas Metropolitan
Police Department K9. Trooper Moonin was met at the location met by Sergeant
Greg Zeil LVMPD, Lieutenant Haycox, and approximately six to eight members of
LVMPD K9. Lieutenant Haycox approached Trooper Moonin and said, “I just want
to reiterate that I talked to Captain Jackson.” “He said it was no big deal and not to
worry about it.” Trooper Moonin recognized the inconsistency in that statement and
the one given on the phone earlier at the NHP Southern Command. This confirmed
his suspicions of a setup by Haycox. Mel English arrived a short time later and was
introduced by Lieutenant Haycox. Mel English was recently appointed LVMPD’s
head K9 trainer after his mentor and private business partner, Sergeant Jay Carlson,
retired. Upon arrival Trooper Moonin asked Haycox what the purpose of the test
was. Haycox curtly responded “It’s a test.” ”We just want to see if there is any room
for improvement with the K9 Program.”
261. Trooper Moonin was told to get his dog and to enter the school. Trooper
Moonin retrieved his dog “Teko” out of her car. They were required to walk from
the front of the school to a hallway in the opposite end of the grounds. The
temperature inside the search area was in excess of 98 degrees. Teko worked
approximately 600 feet through some doors, out through a quad area to the
designated search area in 100 degree heat. As should be, Teko was searching
everything she could throughout the walk. As they approached another set of doors
Trooper Moonin observed Mel English standing near the door and another Metro
trainer seated on a bench near him. English turned and walked through the door with
the other trainer behind him. Teko and Trooper Moonin followed. As they got near
the other trainer in the door way, Trooper Moonin observed Teko pick up the odor of
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narcotics and she pulled him towards the door. Upon entry to the building, Teko
detected additional drug odor and pulled Moonin towards a military ammo can
located on the ground near the door. LVMPD uses the ammo cans to store their
narcotic training aids. Trooper Moonin knew that practice of storing drug training
aids had been abandoned at least 20 years ago by most law enforcement agencies
because the drugs contained within the ammo box absorb and become contaminated
with the heavy residual odor of the military paint and remnants of grease and
ammunition. That contamination leads to missed drugs and false alerts. Trooper
Moonin redirected Teko away from the ammo after being instructed by Mel English
to wait in an area inside the door for Lieutenant Haycox to enter the hallway. Teko
was approximately five feet from the can. The placement of the ammo can was
clearly a setup designed to confuse and frustrate the dog. Trooper Moonin was
informed that there were six training hides concealed within an area of
approximately 150-200 lockers and told to start the search. Trooper Moonin
redirected Teko to the designated search area. Trooper Moonin recognized the ammo
can at the front door during a search is a clear indication of no understanding of scent
contamination or search area protocol, or the “test” had an agenda not based on
objectivity. Not knowing how many more traps had been set, Trooper Moonin
moved in and worked Teko through a very detailed, methodical search pattern. Teko
located the source of odor of the first drug hide within a few lockers. There was no
need for anyone to interpret her alert as she tried to dig through the locker door to get
to her “prey.” Trooper Moonin substituted a prey object (towel) for the concealed
prey and she caught and killed it. When she was done shredding the substitute prey
carcass, she dropped it and again hunted down the same prey nest, and attempted to
flush out additional prey still concealed within the nest (prey (drug) odor was still
emanating from the locker). Trooper Moonin eased her away from the find and she
immediately started searching new lockers. This process was repeated four more
times until all five required training aids were located without incident. No misses
and no false alerts, a 100% reliability ratio. The “test” was conducted after Teko and
Trooper Moonin had completed a shift at the airport searching luggage in 95 degree
heat for ICE. This information was known by both Lieutenant Haycox as well as the
Metro evaluators. By the time Teko got to the last couple of finds, she was
exhausted. Yet she worked through that exhaustion and completed her task
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admirably. Trooper Moonin later learned that each hide was trace (microscopic)
cocaine odor. The training aides were tiny pieces of cotton ball the size of a pencil
eraser - all absorbed with the odor of cocaine. Another training aide was described
as a small piece of paper. For their own evaluations and certifications, LVMPD uses
California Narcotic Canine Association (CNCA) certification standards for their
dogs. CNCA standards require a minimum of 20 grams of narcotic for each
certification hide. The difference between LVMPD K9’s certification standards and
what they required of Trooper Moonin/Teko and Trooper Gary Smith/Jaeger is
glaring. Teko located microscopic cocaine odor on five pieces of cotton the size of a
pencil eraser completely concealed within 100-150 middle school lockers without a
miss or false alert. All after working in 95 degree weather. Trooper Moonin
recognized this is not how tests are typically done. Trooper Moonin recognized that
the LVMPD K9 “test” on Trooper Smith and K9 Jaeger in August, 2011, had been
unsuccessfully orchestrated to ensure failure. Trooper Moonin also recognized that
he had also unsuccessfully been set up for failure by LVMPD K9 and NDPS/NHP
Command. However, the exceptional demonstrated proficiency of both NVDPS
Teams was monumental and was a testament to the dogs as well as to the quality and
sustainability of the NVDPS/NHP training system.
262. Soon after Teko’s “test”, LVMPD Master Trainer Mel English had a handler
bring in a dog to demonstrate for Lieutenant Haycox. The handler had previously
watched Trooper Moonin’ s dog on the lockers and ran his dog on a known hide. The
handler stood in front of the target locker. He gave the dog a command to search and
directed the dog toward the bank of lockers. The dog went past a hide that Teko had
found prior. The dog went back and forth several times before ending up on a locker
directly in front of the handler. The dog looked at the handler and began to bump the
locker with his nose and beg the handler for his reward, looking for a cue from the
handler. The handler then threw the dog a toy as confirmation and reward.
263. After the search, English broke into a thirty minute verbal diatribe of junk
science, self-promotion, anthropomorphic anecdotes, contradictions, and
disparaging, untruthful remarks about others. He also attempted to describe his
“modern” techniques and theory of training. Trooper Moonin recognized it as a
combination of nonsense, made up theories, and confusion.
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264. Mel English made multiple references to his company. This was in reference
to a police K9 training business called Battle Born K9. He mixed his job at LVMPD
with his company several times and displayed difficulty separating the two.
265. Mel English’s business partners are Jay Carlson (his recent immediate
supervisor now retired) and Mark Rispoli who also owns Makor K9 in California.
LVMPD purchases all their detector dogs from Makor K9.
266. Mel English, Jay Carlson, and Mark Rispoli all sit on the board of CNCA
(California Narcotics Canine Association). Trooper Moonin asserts based on his
training and experience, CNCA is currently being used by board members to mine
customers for future business. Most board members are currently engaged in the
selling of dogs to police departments and the training of police dog teams. LVMPD
purchases their detector dogs from Mark Rispoli sight unseen, untested, no
warrantee, no health guarantee and no return agreement. One of the last untrained
dogs they bought from Makor had heartworm at the time of delivery. LVMPD had
to absorb the cost of treatment for the dog.
267. English based his training on a notion that a dog should work only in hunt
drive and that somehow prey drive interferes with the hunt drive. He said there is the
pre hunt followed by 5 phases of hunt drive – air scenting, pure hunt, stalking/prey,
kill/vanquish, and shredding. He placed great emphasis on phase 2 Pure Hunt. He
said you can tell a dog is in Phase 2 Pure Hunt because the dog has a closed mouth
and he is “bracketing” the air scent. Mel English is emphatic that the dog should
never receive any drive satisfaction past phase 2. Drive satisfaction for phases 3-5
interfere and diminish Phase 2 Pure Hunt. Trooper Moonin recognized English’s
junk science as a failed attempt to cover lack of skill and fundamental understanding
of canine genetic responses. English related that they were trying to get a dog they
had in training to sit at the source of odor by way of correction. English said it was a
mystery him when the dog eventually shut down and quit working. He stated he
worried on this problem all through a sleepless night and went to the internet in an
attempt to find a solution. Mel English told Trooper Moonin the next day he had
what he called “my epiphany”. He let the dog go out on a search off leash. As the
dog got farther away from the handler, the dog actually started searching. Lo and
behold the dog went up to a scent box, “stalked the scent”, and laid his chin on it.
And that’s when the “epiphany” came to him. English incorrectly reasoned that the
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dog must remain in hunt drive and that anything past that will diminish the hunt. He
used this dog’s behavior to develop his “5 Phases of Hunt Drive”.
268. By his own statements, English’s experience is based in a combination two
opposing theories of Operant Conditioning and dominance/force. Mel English had
created conflict with this dog. In reality, by leading the dog to odor and then
inflicting pain or discomfort, he was attempting to mimic what should be a
compulsive, instinctual response triggered by specific stimuli (target odor). This is
called aversion training. This is why the dog shut down.
269. LVMPD continues to this day to employ heavy force and harsh corrections in
their training. English failed to address the dog’s motivation to hunt in his theory.
Force, play, and praise are not instinctually compulsive. They are pack behaviors,
meaning they are optional depending on circumstance, environment, and the dog’s
social status with the handler. The dog must have an instinctual, compulsive purpose
(motivation) to hunt for it to be reliable. And the dog must repeatedly satisfy that
motivation (drive satisfaction) at least in the beginning for that motivation to develop
to the required level of compulsion. If a dog has never been successful in digging a
rabbit out of a hole, then he will never know he can. And the way a dog determines
his success is he digs the rabbit out, catches, and kills it. The catch and kill
reinforces his motivation. If there is never a chance to catch and kill the rabbit, then
there is no reason to hunt for it. And that is exactly what English’s 5 Phases of Hunt
Drive theory does. It extinguishes the compulsive instinctual motivation to hunt for
something specific (drug odor) and replaces it with a social behavior that encourages
the dog to act like he is hunting in order to receive a reward from the handler.
270. English was very clear that the dog must be paid (throw a toy to him) during
what he calls Phase 2 Pure Hunt. He said you must reward for the hunt and not for
the find. This is a bizarre twist on an Operant Conditioning tenant that you reward
for a desired behavior (what looks like hunting behavior) and extinguish unwanted
behavior by non-reward.
271. Therefore in English’s theory, actually finding the source of odor must be
undesirable because he reinforces and rewards the dog for the “behavior” of hunting,
not locating the source of target odor. The dog mimics the physical act of hunting to
get the reward.
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272. Trooper Moonin recognized explanations given by English as an illogical and
upside-down spin-off of Sgt. Yarnall’ s published and well established five elements
of “Prey Drive”. (Hunt, Find, Flush, Catch, and Kill.)
273. Trooper Moonin recognized Mel English did not understand the significance
and importance of shredding. Shredding is an intricate part of the kill. It is not a
drive in and of itself and was developed by Yarnall in 2008. In English’s theory of
hunt there are five phases. That means all five phases must be present for there to be
hunt drive. If you subtract three out of the five you can’t have full hunt drive. You
will only have partial hunt drive or a dog that just looks like its hunting.
274. Trooper Moonin asserts dogs are born hunting, and they hunt for many
reasons; territorial intruders, a bitch in heat, for prey, for carrion, for danger, for pack
members, etc. All dogs use their nose and all dogs hunt. The secret is to determine
what their primary motivation to hunt is. If it is not the proper motivation to hunt,
then you cannot exploit the reliable instinctual compulsions and must resort to
trickery. The fact that a dog likes to hunt has no bearing on whether he can be a
reliable police dog.
275. English bragged LVMPD doesn’t do any selection testing of the dogs before
training because he can train any dog to find drugs in a matter of hours or days. This
statement in and of itself is evidence that English and LVMPD rely on trickery and
cueing to train and maintain their dogs. Trickery and cueing will lead to unreliability
and 4th Amendment violations. This is evidence by LVMPD’s parcel poking at the
FedEx facility.
276. “Clicker Training” is often used in Operant Condition training and are
employed to mark desired behavior. Trooper Moonin has seen LVMPD use clickers
in their training and asked English if he used them. Another trainer near English
quickly blurted “No, we don’t use clickers!” That trainer probably knew that
Operant Conditioning and the use of “clickers” is inappropriate and an almost sure
way to lose drug dog cases in court. English got a concerned look on his face and
hesitated. He then said that they do use clickers, but only for a limited time and only
to mark the desired hunt behavior. One trainer’s denial conflicting with the other
trainer’s reluctant admission indicated knowledge of inherent reliability problems
created by Operant Conditioning and clicker training.
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277. Lieutenant Haycox asked Trooper Moonin if he had a “release” for his dog,
meaning would his dog release the towel on command. Trooper Moonin informed
him that she would release the towel on command but that he didn’t use it because he
wants the dog to achieve drive satisfaction.
278. English then went on another lengthy repetitive explanation of why you only
want drive satisfaction on his Phase 2 Pure Hunt and not for prey drive. He then said
the Supreme Court requires every police dog have a release command. He made it
clear that the Supreme Court didn’t say “patrol dog” but said every “police dog”
meaning it included drug and explosive detector dogs as well. He went on to explain
that it was for Trooper Moonin’ s own safety and for the safety of others. Mel
English stated he knew this because his Springer Spaniel has bitten him hundreds of
times. He also gave an example of how a model’s lip was bitten off by a LVMPD
dog when she bent down to pet him. He said all dogs bite and that there has to be a
release in case one of our dogs bites a child. He repeated that the U.S. Supreme
Court mandates a release command for every police dog. Trooper Moonin asserts
that Mel English was referring to the landmark case of Kerr vs. West Palm Beach in
which the Court established minimum performance and recordation standards for
police patrol dogs only. Trooper Moonin submits, this part of English’s speech was
to impress Lieutenant Haycox in an attempt to show there is something severely
lacking in the DPS training – and only Mel English can fix it.
279. Officer English’s statements regarding a requirement for a “release” do not
reconcile with LVMPD’s actual practices.
280. On May 14, 2012, an LVMPD Patrol K9 was shot and killed by an LVMPD
Officer after his partner was attacked by the LVMPD K9. The dog had been
deployed in a search for a felony suspect after a lengthy foot pursuit by LVMPD.
The dog instead attacked a perimeter officer and all attempts by the handler to get the
dog to release the bite failed. Even a taser was unsuccessfully deployed. After
lengthy and unsuccessful attempts to get the dog to release his bite, the victim
officer’s partner shot the dog through the spine. The dog died a few days later.
LVMPD’s public response was stuff happens.
281. Trooper Moonin asked Officer Mel English how he would get his dog
“Teko” to release the “reward.” He told Trooper Moonin to trust him – he would get
her to release. Trooper Moonin pressed him further. He asked him if that involved
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“ripping their head off”, as stated by another Metro trainer during Trooper Gary
Smith’s “evaluation.” Mel English went into a mangled explanation of how the
alpha female punishes a subordinate by pinning the subordinate to the ground and
harshly biting its throat. Do it or die. Mel English said it was no problem, just a
couple of harsh corrections and the dog will release the toy forevermore. Trooper
Moonin recognized this technique as what is commonly known as an “Alpha Roll.”
Its only purpose is total domination and will cause long lasting or permanent
submissive behavior and handler dependence, or cause the dog to go into a vicious
survival instinct. In either case the alpha roll or harsh, unjustified punishment will
erode any working relationship, create mistrust, and cause the dog to focus on the
handler rather than finding drugs. On numerous occasions LVMPD handlers have
related to Trooper Moonin the brutal and harsh techniques used in their training. In
certain incidents they resort to hanging and then kicking the dog to get it to release.
282. Trooper Moonin has personally witnessed a Metro handler take his dog
behind a car after missing a significant drug seizure and brutally kick his dog
repeatedly. He has also witness this occurring in the working environment. Such
harsh treatment of a dog is not only morally wrong, but criminal. And the fact that it
is done for the sole purpose of releasing a toy is counterproductive.
283. Trooper Moonin submits, it is why English’s dog has bitten him hundreds of
times. With that type of brutal pressure and dominance, his dog no doubt associated
him with pain and defense. It is unnecessary, archaic, and will cause unreliability in
a detector dog.
284. Mel English explained what a confirmation sniff is and that they train the dog
to do it. A confirmation sniff is when the dog finds the odor. The handler withholds
the toy and the dog will then put his nose at the source of odor again. The handler
then throws the toy for the dog. The theory is that it is to confirm to the handler that
the dog has source of odor. The reality is that the handler usually cues the dog to
where he wants him to bump his nose. The dog does the bump, turns, and looks at
the handler like he is begging for food at the dinner table. When the reward doesn’t
come, the dog repeats the “bump and beg” over and over until the handler throws
him the toy. Trooper Moonin asserts this is a base problem with English’s training. It
is unknown what the dog really associates with his reward. It is undetermined as to
the difference of hunt behavior or the fact that the dog is running around a car off
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leash and looking like he is searching that brings the reward from the handler. It is
unknown if the dog has found a particular odor, or bumped its nose against the
school locker door to cause a handler reward. It can be and often is the wrong
association and will be prone to false alerts and missed drugs.
285. Trooper Moonin wanted to see for himself what English was talking about, so
he asked him if he could put out a blind (unknown location to the handler) drug hide
in a locker in another hallway in the school and watch one of his dogs find it. English
hesitated and appeared to be calculating the request. Trooper Moonin started to ask
him again when he stated that another Metro handler had just arrived and did not
know where the first hides were that they put out for my dog. He was insistent that
he choose which hide to use and stated “I’ll give you that” as if Trooper Moonin had
challenged him. English then walked over to a recessed area between the lockers
and the door. When the handler walked into the search area, English stepped back
against the wall so he was partially concealed but Trooper Moonin could still see the
front of his uniform. As the handler walked through the door, English said
something, nodded his head forward, and brought up his hand waist high. He
appeared to motion the handler to a locker directly across the hallway from him. The
handler brought his dog past English and stopped directly in front of the target
locker. He gave the dog the command to search. The dog, who could not have been
in English’s Phase 2 Pure Hunt because he never closed his mouth during the entire
search, ran off leash searching several lockers to the left of the handler, passing 2
training aids located in that row. The dog then moved right back towards the handler
and sniffed the lockers a second time on his way back – again missing the 2 hides.
The handler remained stationary in front of the target locker. When he got to the
locker the handler was standing in front of, he stopped sniffing and looked at the
handler. The handler’s foot was now unnaturally pointed towards the target locker.
Evidently the dog didn’t get the hint because he sniffed the lockers to the left again,
and again missed the two hides there. The dog moved right again and again missed
the two hides. The handler remained in his position in front of the target locker. This
time the dog stopped sniffing at one locker to the left of the target locker, stopped
and stared at his handler. The handler adjusted his stance and the dog moved one
locker to the right. The dog sniffed the locker, turned, and looked at the handler. This
repeated 3-4 times. Sniff and look, sniff and look. On the last look, the dog was
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staring at the handler (begging) and the handler threw the dog a toy while the dog
was staring at him. The dog was allowed to have the toy for a few seconds before it
was taken away. The dog’s mouth never closed and there was no bracketing.
286. NHP Lieutenant Haycox witnessed the entire evaluation, Officer English’s
lengthy explanations, and the LVMPD detector dog failed demonstration.
287. During September 2011, Trooper Moonin, along with Trooper Shook, and
Detective Jaeger were working at the FedEx Sort Facility. Trooper Moonin selected
an empty shipping box from the supply shelf and set it on the ground for training
purposes later in the assignment. Detective Jaeger picked two boxes off the belt for
Trooper Shook and placed them next to the empty box. Detective Jaeger probed
both boxes with a small poker like device. Trooper Shook retrieved his narcotics
detection dog “Amanda” (recently retrained and certified by LVMPD K9) and
deployed her to the boxes. Amanda gave no response/alert to the boxes set out by
Detective Jaeger. “Amanda” stopped at the empty box and stared at the box. She
repeatedly looked back-and-forth from the box to Trooper Shook for a “cue” to alert.
Trooper Shook witnessed Trooper Moonin observing him and immediately pulled
“Amanda” away from the box and dismissed the false alert/cueing as “she’s fucking
with me.”
288. On September 12th, 2011, Trooper Moonin contacted the southern Nevada
DPS Office of Professional Responsibility and spoke with Lieutenant Jackie Muth.
Trooper Moonin initiated a filed a complaint against multiple narcotic Detectives and
three NHP Troopers for egregious misconduct and civil rights violations. All three
Troopers were recently handpicked by Deputy Chief Kevin Tice to replace the
Trooper/K9 Handlers removed from the K9 Program by DPS/NHP Command. Two
other veteran NHP task force members also came forward as witnesses and
supported the allegations. Following the September 12th complaint, a personnel
investigation (OPR) was initiated and was protocol, the suspected Troopers were
placed on administrative duty at the NHP Garage in Las Vegas. Personnel
investigations customarily take several months, sometimes over a year to complete.
In drastic contrast to the normal timeline, after only weeks Trooper Shook was
returned to uniform and placed in his identical, prior position. In drastic contrast to
the normal timeline, after only a couple of weeks later, the validated accusations
were explained away and Troopers Ervin Raab and Donald Dice were fully
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reinstated to their prior drug interdiction duties. All three Troopers worked in a low
profile manner as to avoid media attention during the conclusion of the investigation.
289. On September 14, 2011, Washoe County Sheriff’s Office K9 Deputy
Brandon Zirkle asked Trooper Bill West what was wrong with their K9 Program. He
informed Trooper West NHP Command was meeting with Washoe County Sheriff’s
Office K9 staff on September 16, 2011, regarding changing the NHP K9 Program.
290. DPS/NHP Command announced that all DPS/NHP Northern and Central
Command K9 Teams were to be retrained and certified by the Washoe County
Sherriff’s Office K9 Program.
291. Washoe County Sheriff’s Office outsources all their K9 training for dogs and
handlers to a civilian commercial enterprise, Von Liche Kennels, in Indiana. The
dogs are purchased sight unseen from Von Liche Kennels and the handlers and dogs
attend a 3 week training course taught by civilians at the kennel location in Indiana.
Many other K9 handlers from around the country also attend the classes so there is
minimal personal or individual training for the K9 teams. Von Liche Kennels is a
commercial enterprise and therefore volume and turnover directly affect the
commercial kennel’s profit margin. Hence the 3 week large volume classes, instead
of the 8 to 14 week course (minimum 400 hours) that is actually necessary to train a
drug detection K9 team. The 4oo hour minimum course was industry standard and
common practice among law enforcement agencies before the police K9 industry
was corrupted and profit drove a downgrade of industry training and standards. It is a
common yet ill-conceived practice by many law enforcement agencies to rely on the
good will, good faith, and integrity of the profit motivated person or company that is
selling them a dog and then training and certifying the same K9 team. Law
enforcement agencies like Washoe County Sherriff’s Office essentially relegate their
responsibility and accountability to enterprising civilians who actually have no law
enforcement experience, including drug interdiction/detection, and have never been
vetted. It is a recipe for complacency and degradation of performance standards.
Upon completion of the Von Liche Kennels 3 week training course, the dog and
handler return home. There is no follow up or OJT from Von Liche kennels. Over a
period of weeks, Washoe County Sherriff’s K9 then employs squeaker toys, classic
conditioning, and play training to bring that K9 team up to the substandard
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California POST K9 Standards. This process often results in failure, missed drug
loads, and false alerts.
292. Director Perry, Lieutenant Colonel Ellison, Deputy Chief Sanchez, Deputy
Chief Tice, and Captain Gallagher knowingly downgraded and prevented the
essential training of DPS/NHP K9 Teams by policy change and eliminating the
highly skilled, extensively trained, and successful training cadre - replacing it with
an inexperienced training cadre from Washoe County Sherriff’s Office K9. Washoe
County Sherriff’s Office K9 doesn’t train their own department K9 teams and has no
experience in training drug detector dog teams other than maintenance training. By
policy, Director Perry, Lieutenant Colonel Ellison, Deputy Chief Sanchez, Deputy
Chief Tice, and Captain Gallagher also changed the performance and certification
standards from one that exceeded all industry standards and required exceptional
skills and a full understanding of the drug interdiction process (Nevada POST K9
Certification Standards), to one that is corrupt and allows false alerts by the dog,
California POST.
293. On September 14, 2011, Deputy Chief Tice issued an unprecedented,
dishonest NHP wide email designed to cover up official misconduct and negligence
as well as to retaliate, intimidate, embarrass, and defame Sgt. Yarnall, Troopers
Moonin and Lee, and other members of the DPS/NHP K9 Program. Deputy Chief
Tice’s department wide email served as notice to Troopers Moonin and Lee, as well
as all other members of the NHP that those that disclosure official misconduct and
illegal activities would be met with punishment, public humiliation, retaliation,
ridicule, cover up, and dishonesty by DPS/NHP Command.
294. The email announced that the department K9 contractor had not been retained
and the K9 Program was being scrutinized for validity, best practices, and
sustainability. It was common knowledge throughout Nevada and other states that
Sgt. Yarnall was the contracted K9 trainer referred to in the email. Deputy Chief
Tice’s email was a public announcement that Sgt. Yarnall had been fired because of
substandard product. This public announcement embarrassed Sgt. Yarnall, caused
him great anxiety, held him up to ridicule, and severely diminished his standing and
reputation in the national law enforcement community. The email also placed the
remaining members of the K9 Program, including Troopers Moonin and Lee, under a
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shadow of suspicion, mistrust, and ridicule among the entire Nevada Highway
Patrol.
295. Deputy Chief Tice’s email stated “ Regionally, the LVMPD, HPD, and
NLVPD work collaboratively under the same K9 training program”. This statement
is factually false and gives a false impression that DPS/NHP K9 is moving from
unsatisfactory isolation to a modern, cohesive, multi-agency group for more
beneficial training. LVMPD K9, North Las Vegas K9, and Henderson PD K9 do not
train under the same program, do not train together, and in fact have their own
different and independent training programs and standards. In truth, with the
exception of one Henderson PD K9 team assigned to the HIDTA Task Force and
other than being in the same valley, there is no interaction between the respective K9
programs.
296. Deputy Chief Tice’s email further stated “The LVMPD has recently trained
our own Trp. Shook and “Amanda” who have been performing very successfully
under the regional program within their task force assignment”. Deputy Chief Tice
knew the statement was dishonest and untrue, and that an internal disciplinary
investigation (OPR) had been initiated and was currently being conducted into the
illegal search activities, 4th Amendment violations, and false alerts/intentional
cueing by Trooper Shook and K9 Amanda. Deputy Chief Tice knew that Trooper
Moonin and 2 other veteran, well respected Troopers had come forward on
September 12, 2011 after witnessing Trooper Shook’s illegal activities and K9
Amanda’s false alerts. Deputy Chief Tice’s department wide statement embarrassed
Trooper Moonin, caused him great anxiety, and held him up to ridicule.
297. Deputy Chief Tice’s email then stated “The LVMPD will be conducting a K9
Master Trainer – training program beginning in October, and has graciously invited
us to participate. Because of the questions and concerns regarding the long term
sustainability of our current DPS program, I have accepted the LVMPD offer to
participate in the Master Trainer program.” “ If you are interested in attending the K9
Master Trainer program on behalf of the Highway Patrol, please submit your interest
directly to me NLT Friday Sept. 30, 2011. Please include a brief communication of
your commitment and a resume’ with specific information that you feel uniquely
qualifies you for this important role. Current OR prior experience handling K9’s is
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required – can be military experience. If you have any questions regarding this
assignment – please do not hesitate to call me”.
298. Deputy Chief Tice, as well as the entire DPS and NHP knew that both
Troopers Moonin and West had received extensive K9 Instructor training and were
the only 2 K9 Instructors certified in the State of Nevada to conduct the Nevada
POST K9 Course and the Nevada POST K9 Certifications. Deputy Chief Tice’s
statement was unprecedented and a complete surprise to Trooper Moonin and
Trooper West. The statement was retaliatory and singled out Trooper’s Moonin and
West for department wide ridicule, embarrassment, and humiliation. It documented
DPS/NHP Command’s willingness to openly punish whistle blowers and to endorse
official misconduct, illegal activities, and cover up.
299. On September 16th, 2011, Trooper Moonin completed an OPR interview for
his complaint in to the misconduct. Later that evening Sergeant Prosser contacted
Trooper Moonin and inquired about the investigation. Sergeant Prosser told Trooper
Moonin, “I know you aren’t supposed to talk about it.” “But how did it go?” He then
said, “Lieutenant Haycox wants to know about it.” Trooper Moonin felt he was being
prodded to divulge post admonishment details about the investigation. He told
Sergeant Prosser he wasn’t allowed to discuss the meeting and ended the contact.
300. During September 17th - 19th, 2011, after voicing their objections to the deaf
ears of NVDPS/NHP Command, six of the eight NHP K9 Handlers resigned from
the NHP K9 Program. Each handler had intimate knowledge of the Metro K9
training system that requires the cueing of dogs as a fundamental training tenant.
None of the NHP K9 Handlers was willing to participate in the subsequent violations
of law and civil rights that was sure to follow.
301. On September 19th, 2011, Trooper Lee informed Sergeant Dave Lewis that
effective immediately he was resigning from the K9 Program because of the
DPS/NHP Commands trend towards endorsement of 4th Amendment violations.
Trooper Lee told Sergeant Lewis that although he was resigning from K9, he wished
to remain on the Northern Nevada Interdiction Task Force. Sergeant Lewis informed
Trooper Lee that Captain Julie Johnson ordered Trooper Lee to show up to work
with his K9 “Petey” in his patrol car or face insubordination charges.
302. On September 19th, 2011, Trooper Moonin delivered his resignation to
Lieutenant Haycox. Lieutenant Haycox addressed Trooper Moonin in a threatening
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manner stating, “we’ll see what we want to do to you!” Trooper Moonin felt
intimidated and avoided a confrontation by quickly exiting Lt. Haycox’s office.
303. On September 20th, 2011, Director Perry called a meeting between
NVDPS/NHP Command and all NHP K9 handlers in an attempt to appear he was
open to a resolution to the problem. Some of the command staff was clearly upset
and angry at the handlers. Each handler was given a chance to voice their opinions
and solutions to the crisis. Some handlers spoke and some did not. Trooper Moonin
spoke and gave expert advice based on solid experience and demonstrated success on
ways to resolve the unnecessary problems created by Command. NHP Chief Bernie
Curtis discounted the concerns and fears of civil litigation by explaining his view of
having several law suits pending against him. Deputy Chief Sanchez reiterated Chief
Curtis’s views. It fell on deaf ears once again. Nothing changed. Because of
Commands’ established lack of credibility, dishonesty, and clear agenda to dismantle
the K9 Program, each handler resubmitted their resignations.
304. On September 22nd, 2011, Trooper Erik Lee received a call via cell phone
from Washoe County Sheriff’s Deputy Phil Jones. Jones stated Washoe County
Sheriff’s Office K9 staff was contacted approximately one year prior regarding the
plan by NHP Command to change the K9 program.
305. On September 22nd, 2011, Director Perry issued a misleading email to all K9
Handlers. He cited the Handlers had “misconceptions and issues regarding
misinformation” about the incidents and intended direction of the NHP command.
Director Chris Perry then gave the statement, “I would also reiterate the participation
in the K9 program is an assignment. The Trooper positions and locations of the K9
teams were testified to and agreed upon with the approving legislative body. Any
future requests to be removed from the K9 team assignments will be reviewed and
addressed by the Commands in order to determine assignment needs and open
positions within those locations. Like any assignment it comes with the expectation
of performance associated with the duties and functions assigned to that task
306. On September 23rd, 2011, Trooper Moonin reconfirmed his resignation from
the K9 Program in a meeting with Captain Jim Peterson and Captain Jackson.
Captain Peterson praised Trooper Moonin for his contributions. He then asked
Trooper Moonin to remain as a K9 handler in his new traffic assignment. Trooper
Moonin again reiterated his decision to resign from K9. Captain Peterson told
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Trooper Moonin we (NHP Command) are losing Trooper Moonin the K9 handler.”
“I’d hate to lose Trooper Moonin the Trooper.” Trooper Moonin perceived this as
another NHP Command threat and pleaded that he wanted to continue to be a State
Trooper. Trooper Moonin was immediately punished for his resignation. He was
unnecessarily removed from the Southern Nevada Interdiction Task Force and
remanded to the traffic section of the Nevada Highway Patrol. This retaliatory
action subjected Trooper Moonin to a pay cut. He was further remanded to a
dayshift assignment that caused another certain pay cut for Trooper Moonin.
Trooper Moonin was not allowed to select his new assignment which had been the
customary and standardized practice for all exiting members. Captain Jim Peterson
advised Trooper Moonin that Captain Thom Jackson would be assigning him to a
dayshift squad and to await orders. Trooper Moonin explained he was being subject
to shunning and feared for the same treatment from traffic personnel as he did from
Task Force members. This was due to Trooper Shook being confirmed by Trooper
Moonin as spreading rumors and untruths throughout the traffic section. Trooper
Moonin respectfully requested to be transferred to the Indian Springs NHP Sub
Station and escape further shunning or hostility. Captain Jackson said in a sarcastic
tone that he could assign Trooper Moonin to the Pahrump Sub Station. This would
cause Trooper Moonin to travel approximately seventy-two to eighty-four miles each
way to reach his assigned duty station. Captain Jackson contacted Trooper Moonin
via cell phone advising him of his assignment to dayshift traffic. Captain Jackson
explained to Trooper Moonin in a condescending tone, “yea, we’re not going to be
able to accommodate you.” “You’re heading to dayshift traffic.”
307. On September 23rd, 2011, Sergeant Lewis subjected Trooper Lee to public
humiliation by ordering him to email his K9 resignation to Deputy Chief Sanchez,
and to courtesy copy “CC” everyone in the NHP chain of command.
308. On September 23rd, 2011, Trooper Lee received a letter from Deputy Chief
Sanchez via Lieutenant Mcafee stating he now accepted Trooper Lee’s resignation
from the K9 program. The letter stated Trooper Lee was to continue all training and
records for his DPS K9 “Petey”. Lieutenant Mcafee advised Trooper Lee that the
information contained in the letter was solely from Deputy Chief Sanchez. He
further stated “if this happens to go to John Ralston, it didn’t come from me.”
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Lieutenant Mcafee statements were a clear attempt to distance himself from the
actions of Deputy Chief Sanchez.
309. Deputy Chief Brian Sanchez confirmed Trooper Lees resignation by email
informing Trooper Lee that he was immediately removed from the Northern Nevada
Interdiction Task Force. Trooper Lee’s removal from the HIDTA Task force cost
him a significant reduction in pay. Trooper Lee was never given an explanation as to
why he was removed from the Northern Nevada Interdiction Task Force.
310. On September 26th, 2011, Trooper Moonin was issued a letter from Captain
Jackson with his orders from Director Perry. Trooper Moonin was ordered to
maintain NVDPS K9 “Teko.” He was also ordered against his resignation to remain
as the NVDPS K9 master trainer and responsible for the training of current and
future handlers and K9’s. NVDPS/NHP Command reacted to the resignations by
ordering the handlers to remain on the road with their dogs and to maintain them at
required levels. This is interesting since Command had no experience and never
sought out guidance as to what acceptable or required levels are, and that all support
and maintenance training by department K9 trainers had been suspended since
January (9 months).
311. The Central Command K9’s in particular had been completely isolated and
cutoff from the rest of the program. K9 vehicles had broken down and remained
unrepaired for months while the dog was forced into undersized travel crates in the
back of old patrol cars while on duty for 10+ hour shifts. The crates were so small
that the dogs couldn’t stand up or turn around. Many of the handlers have still not
been issued heroin to train with – therefore compromising training and any heroin
seizures in court. After NHP’s folly turned into a scandal when television reporter
Jon Ralston discovered and reported about it, Director Perry attempted to cover his
tracks, reversed course, and declared that NVDPS K9’s would not be trained by
Metro. Perry explained it away as yet another miscommunication and a
misunderstanding.
312. September 28th, 2011, Lieutenant Andy McAffee instructed Trooper Lee to
sign a memo that Trooper Lee was no longer required to train K9 “Petey”. Trooper
Lee asked Lieutenant McAffee why he was removed from the Northern Nevada
Interdiction Task Force. Lieutenant McAffee stated he didn’t know all decisions
were coming from Director Perry and Lieutenant Colonel Todd Ellison.
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313. On October 10th, 2011, After more Ralston news broadcasts on the contrary
nature, dishonesty, and incompetence of Perry and NVDPS/NHP Command,
Director Perry, through an Office of Professional Responsibility (Internal Affairs)
intermediary, Lieutenant Jackie Muth, sent out feelers to Trooper Moonin to see if
the Trooper was amenable to creating a plan to resolve the K9 Program issue.
Lieutenant Muth was one of the two DPS supervisors directed by Colonel Perry to
conduct the “black bag” intelligence gathering operation against K9 and Nevada
Friends of K9 in 2008. The message from Perry was “what will it take to make this
problem go away?” After several calls from the intermediary, Trooper Moonin
agreed to write the plan and put many hours of his own time into its construction.
Trooper Moonin was flown to Carson City to meet with Director Perry, NHP Chief
Bernie Curtis, and DPS Deputy Director Jim Wright. The plan was essentially the
same plan and recipe for success adopted by former Director Hafen and was so
responsible for the tremendous success of the K9 Program. It quickly became clear
to Trooper Moonin that the meeting was an exercise in futility and designed to give
an appearance of diligence to the press and Perry’s bosses. The Command members
listened passively, told the Trooper Moonin they would take the plan under
advisement and get back to him. Trooper Moonin never received that advisement.
Conversely, DPS/NHP Command has since gone the opposite direction from
Trooper Moonin’s plan.
314. On October 12th, 2011, Trooper West submitted his resignation from DPS K9
and requested transfer from the Reno area to Southern Command Traffic in Las
Vegas. Trooper West was told by NHP Command that his transfer could take place
within one week. West rented out his personal residence and made arrangements for
his move to Las Vegas. During the discussion with Command the topic of training
new handlers to replace the handlers that recently resigned came up. Trooper West
advised Chief Sanchez that the training should be conducted in Las Vegas where 2
certified trainers (West and Trooper Moonin) would be available to train. Reno lacks
the number of suitable training locations, and the weather in Las Vegas in winter is
more suited for productivity (Reno/Carson City in winter is wholly unsuitable for
consistent/productive training)
315. On October 16th, 2011, Trooper West received a phone call from Lieutenant
MacAfee informing him that his (West’s) transfer had been indefinitely delayed by
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order of Deputy Chief Sanchez, and that West will be required to conduct a K9
Training Academy sometime in the future, in Reno, during winter, and by himself.
Deputy Chief Sanchez further ordered Trooper West to put together a schedule for
the training of replacement handlers. It should be noted that at Command’s insistence
and against the advice of the contracted K9 Expert, all prior K9 Academies have
been conducted in Las Vegas in the summer and Carson City/Reno in the winter.
This goes against all common sense and logic. This was clearly part of Command’s
continued attempt to demoralize the troops and thwart productivity.
316. On October 18th, 2011, Trooper Lee was informed by Trooper Jason Phillips
that Phillips had a conversation with Deputy Chief Sanchez regarding Trooper Lee’s
removal from the Northern Nevada Interdiction Task Force. Trooper Phillips stated
that Deputy Chief Brain Sanchez told him Trooper Lee had been removed because of
“politics”, and that Trooper Lee could not be “molded” by NHP Command. Trooper
Lee felt this was in retaliation for his OPR testimony regarding Trooper Allen
Young. Starting October 19th, 2011, Trooper Lee submitted a letter requesting
reinstatement to the Northern Nevada Interdiction Task Force. All requests were
denied.
317. On October 25th, 2011, Trooper Lee was on his regularly scheduled day off
and received a phone call from Sergeant Zapata informing him that an NHP team
will be at the Trooper’s residence within a short amount of time to pick up the
department kennel. Sergeant Zapata told Trooper lee to contact Sergeant Dave Lewis
for the details. This call was a total surprise as Trooper Lee had never been
approached by anyone in NHP regarding the removal of the department kennel or
transfer of his assigned K9. There was no emergency or exigent circumstance, and
Trooper Lee felt the surprise action was punitive. Trooper Lee informed Sergeant
Zapata that he was on a day off, had received no notification of the kennel removal,
and that he would be taking his pregnant wife (twins – 8 months pregnant) for
scheduled testing at the doctor’s office. Trooper Lee also informed his supervisor
that the kennel was in his secured back yard and that a crane (like those used to lift
hot tubs) was needed to lift the very heavy solid steel doghouse over the fence.
Several handlers had been required in the past to rent such a crane without
reimbursement in order to get the kennel in their back yards. Trooper Lee again
protested the destruction of his property. Trooper Lee immediately contacted
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Sergeant Dave Lewis via telephone. Trooper Lee asked him about the details of the
K9 kennel removal. Trooper Lee again protested the destruction of his property to
remove the Kennel. Sergeant Dave Lewis told Trooper Lee that they were coming
over anyway within 45 minutes and they would tear down his fence and landscaping
to remove the kennel, and that Trooper Lee could call anyone he wanted because
they were coming. A short time later NHP Lieutenant Johnson called Trooper Lee
and told him that his fence wouldn’t be torn down and that they would work out a
good time and method of retrieval at a later date.
318. On October 26th, 2011, Trooper Lee was on duty at NHP Northern Command
when he was informed in the morning by Sergeant Zapata a team from NHP were en
route to the Trooper’s residence to tear down his fence and retrieve the kennel.
Trooper Lee again repeated his protest that he didn’t want his fence torn down and
that he didn’t want his new landscaping destroyed, and that the destruction was
unnecessary. Trooper Lee repeated the information regarding the crane. Sergeant
Zapata told Trooper Lee the state would not pay for a crane and it was not an option.
Four uniformed and one plain clothes NHP staff arrived at Trooper Lee’s residence
in marked patrol units – much like a drug raid. Trooper Lee’s fence was torn down
resulting in substantial damage. Shrubbery was also dug out and ruined. Trooper
Lee’s neighbors witnessed the debacle and a local T.V. film crew recorded the event
for the nightly news. A crime report was taken by Reno Police Department. Trooper
Lee was thoroughly embarrassed in the eyes of his community.
319. Shortly thereafter, Trooper Lee filed a complaint with the NVDPS Office of
Professional Responsibility (OPR) in regards to the acts of creating a hostile work
environment, retaliation, and rude and discourteous comments by Sergeant Dave
Lewis.
320. On or about October 26th, 2011, NVDPS/ NHP Command had failed to
respond to egregious acts of misconduct and civil rights violations. The last two
veteran Ice Troopers, Shaun Martin and Gary Smith resigned. NHP’s complete
failure to appropriately respond to their witnessing of 4th Amendment violations
confirmed NHP’s overall belief that the number of conducted searches was the
priority and trumped the Constitution. Unwilling to compromise their integrity,
undermine the Constitution and/or face possible litigation the two very experienced
and successful drug interdiction experts requested transfers to traffic duty. Trooper
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Gary Smith was afforded the transfer to a shift of his choosing. Trooper Shaun
Martin was afforded the same to a position in the Indian Springs, Nevada post- the
same position and post that was recently denied to Trooper Moonin.
321. On October 28th, 2011, Las Vegas News Channel 3 show “Face to Face”
aired a probing segment exposing NVDPS/NHP Commands mismanagement of the
K9 Program and the retaliation against Trooper Lee.
322. November 1st, 2011, Trooper West started training new replacement handlers
in Reno as ordered. West trained the K9 Team for 2 days and was ordered to cease
all training.
323. On November 1st, 2011, Deputy Chief Tice, Southern Command, issued an
email notifying Moonin’s supervisors that he is no longer involved in K9 and that the
K9 program is no longer fiscally or logistically sustainable.
324. As a result of the October 28th, 2011, broadcast of “Face to Face,” Trooper
Moonin experience increased hostility and shunning by coworkers, supervisors, and
NHP command staff
325. On November 4th, 2011, Trooper West received phone call from Lieutenant
Mcafee notifying him that all K9 training is suspended indefinitely, and that Trooper
West will be transferred from Northern Command (Reno) to Southern Command
(Las Vegas) Traffic. Lieutenant Mcafee advised West that he could not discuss the
matter further as he and all other Command Staff were under a gag order issued by
NHP Command.
326. On November 4th, 2011, all three Central Command K9 Teams are notified
that they are to attend a mandatory meeting on November 7th, in Elko with
Northern/Central Command Deputy Chief Sanchez, Central Command Captain
Gallagher, and Central Command Lieutenant Mike Grigg. They were given a direct
order to keep the meeting secret on threat of termination.
327. On November 7th, 2011, Deputy Chief Sanchez chairs a secret meeting with
all 3 Central Command K9 Teams. Each Trooper/Handler is ordered to keep the
contents and discussions of the meeting secret, and a complete gag order under
penalty of termination is imposed on the handlers.
328. This is not the first time illegal gag orders have been issued by Command.
The gag complete order was in response to news media reports exposing
NVDPS/NHP incompetence and misconduct. The gag order was being used as an
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intimidation and bullying agent to prevent disclosure of official acts of retaliation,
official misconduct at high levels, negligence, malfeasance, and intentional
contradiction of state legislative direction and intent. The intent of this gag order
was clear.
329. On November 30th, 2011, Trooper Erik Lee was on Family Medical Leave.
Deputy Chief Sanchez, in violation of the Family Medical Leave Act (FMLA),
ordered Trooper Erik Lee to respond to the Reno NHP office to “fix” an issue
regarding DPS K9 “Petey’s” training records. Deputy Chief Sanchez accused
Trooper Lee of withholding K9 records from Assistant United States Attorney
(AUSA) Addington. Trooper Lee had been on Family Medical Leave since
November 21st, 2011, and had never been contacted by AUSA Addington or anyone
else from the United States Attorney’s Office. Upon arrival Trooper Lee found the
information requested by the AUSA was regarding a 2009 asset forfeiture case.
Trooper Lee found that his computerized training records for the entire month of
December had been curiously erased. Knowing NVDPS K9 records had been
sabotaged in the past, Trooper Lee had made a personal backup of the data and re-
entered the information. Trooper Lee felt intimidated and that this was in retaliation
for the recent October 28th, 2011, News Channel 3 “Face to Face” broadcast as well
as his personnel and criminal complaint against Sergeant Lewis and NHP Command
relating to the destruction of his residential property.
330. On December 9th, 2011, NHP Sergeant Dave Lewis was arrested by the
Washoe County Sheriff’s Office for Driving Under the Influence (DUI) and refusing
to submit to testing. As a result Sergeant Lewis was placed on restricted duty (no
uniform, no driving department vehicles) pending the criminal DUI and OPR
investigation.
331. On December 13th, 2011, Trooper Moonin was again subject to humiliating
conduct by Trooper Ervin Raab and Trooper Ben Leonard. Trooper Moonin was
completing paperwork in the Report Writing Room of the NHP Southern Command
with several other Troopers present. Trooper Ervin Raab, one of the involved NHP
members accused of unconstitutional practices and subject of an OPR investigation,
entered the room with Trooper Ben Leonard. Both Trooper Raab and Leonard
occupied a position within a physical proximity of three to five feet of Trooper
Moonin, instead of utilizing another available area the room. Trooper Raab railed
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about how “fucked up,” it was that he had to handle an accident once a week to look
like he was being punished. He said he was just going along with it until he got put
back on the road. As he railed he would direct his conversation toward Trooper
Moonin. Trooper Leonard raised his voice and told Trooper Raab he better do his
work or, “I’ll be a whistle blower and get you fired!” Both Troopers continued to
sarcastically make taunting and harassing comments in reference to whistleblowing
in the workplace. Trooper Moonin avoided confrontation with both individuals, but
felt embarrassed, humiliated, and intimidated.
332. On or about December 15, 2011, Trooper Moonin received a Letter from
Captain Thom Jackson stating that the investigation into Trooper Moonin’s
complaint regarding Trooper Shook, had been completed. NDPS/NHP as a practice
never discloses the result of the internal investigation to the complaining party –
sworn or civilian. As a consequence, there is no accountability in the internal (OPR)
investigation process. The outcome of all OPR investigations is solely determined by
the Director of DPS. As a consequence, there are no checks and balances against
abuse, cover-up, or corruption.
333. On December 27th, 2011, Trooper Lee spoke to Trooper Greg Monroe, a
Nevada Highway Patrol Association (union) employee representative. Trooper
Monroe informed Trooper Lee he was advised by NHP Captain Pat Gallagher for the
second time, to avoid all K9 handler phone calls. Trooper Monroe advised Captain
Gallagher he was being contacted because he was an association representative.
Captain Gallagher “encouraged” Trooper Monroe not to answer calls from K9
Handlers Trooper Moonin and Trooper Lee.
334. On January 3rd, 2012, Trooper Lee was assigned under the direct supervision
of Sergeant Dave Lewis. Trooper Lee informed NHP Command that he was
concerned about retaliation from Sergeant Dave Lewis because Trooper Lee had
initiated OPR and Criminal complaints against Sergeant Lewis, and the outcome of
those investigations were still pending. Trooper Lee requested that he instead be
assigned to Sergeant Harkleroad because Sergeant Harkleroad’s traffic section had
two vacant positions available. This provided ample opportunity for Trooper Lee to
be reassigned. That request was immediately denied.
335. On January 5th, 2012 Deputy Chief Tice Issued a recruitment email for the
Interdiction Task Force. The email stated “The recent reassignments of Troopers
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Martin, Smith, and Moonin have left 3 vacancies, two of which are K9 Handlers.”
The naming of the three Troopers in a recruitment email is seldom if ever done in
law enforcement because of the high risk of ridicule for the departing officers. This
email was also an announcement and intended to intimidate any other Troopers
pondering disclosing misconduct by others. Trooper Moonin felt betrayed, defamed,
embarrassed, and intimidated.
336. On January 6th, 2012, Captain Jackson sent a retaliatory email to Trooper
Moonin’ s Lieutenant, Joseph A. Smith, detailing Trooper Moonin was to be written
a documented counseling for an allegation that occurred on Tuesday, September 20th,
2011. Trooper Moonin was given a Documented Verbal Counseling. Trooper
Moonin felt this was an unjust retaliation to the Las Vegas News Channel 3 show
“Face to Face” that aired on December 30th, 2011. The segment featured a lengthy
interview of Director Chris Perry and Lieutenant Colonel Todd Ellison by News 3
producer Dana Gentry. The interview challenged the integrity, honesty, and
management of Director Perry, Lieutenant Colonel Ellison and DPS/NHP staff.
Both Director Perry and Lieutenant Colonel Ellison were caught in lies and
misrepresentations by Dana Gentry. Perry and Ellison were clearly embarrassed and
under extreme pressure. The segment embarrassed and angered NVDPS/NHP
Command.
337. On January 17, 2012, during a meeting ordered by Lieutenant Haycox,
Trooper Moonin was sarcastically advised by Lieutenant Haycox to get ready to lose
K9 Teko and to have his family go ahead and say their goodbyes to her. The
statement caused Trooper Moonin significant embarrassment, anxiety, and sadness
for himself and his family.
338. On January 25, 2012, Trooper Moonin again requested a transfer to the
Indian Springs Duty Station through NHP Command. Trooper Moonin suffered
months of battling ongoing shunning and rumors from the majority of Traffic
Troopers surrounding his involvement and exit from the Interdiction Team and K9
Program. Trooper Moonin’s attempt to escape this harsh treatment went unanswered.
339. On or about February 1st, 2012, the selection of three NHP Troopers was
made to replace Trooper Moonin, Trooper Martin, and Trooper Smith. Trooper
Holman who had no K9 or interdiction experience was selected to take Trooper
Moonin’s place as K9 “Teko’s” handler. Trooper Donald Dice was selected to
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replace Trooper Gary Smith as K9 “Jaeger’s” handler. Trooper Dice, an admitted
friend and close confidant of Deputy Chief Tice had recently been the subject of a
sustained personnel complaint alleging the violation of citizens 4th Amendment
rights and violations of state and federal search and seizure laws. Trooper Dice was
one of the “box cutters” in the FedEx NHP/LVMPD box cutting incident. Trooper
Dice was therefore rewarded for his misconduct and encouraged to repeat that
misconduct with the reward of a police K9 and an increase in pay.
340. On February 3rd, 2012 Trooper Moonin went on Family leave for a newborn
baby under the Family Medical Leave Act (FMLA).
341. On February 9, 2012, while on family leave with a new born baby (6 days
old), Trooper Moonin received a phone voicemail at home from Lieutenant Dan
Solow. Lieutenant Solow stated that the department would like to pick up the
department kennel and K9 Teko from Moonin’s residence the next day, February
10th, 2012. Moonin called Lieutenant Solow back twenty minutes after the message
was received. Lieutenant Solow (who is not in Trooper Moonin’s chain of
command) informed Trooper Moonin that he was calling on behalf of Lieutenant
Charles Haycox. Solow further stated “I don’t know why Haycox is having me call
you instead of calling himself, but I think he is trying to distance himself from you
and the K9 situation”. Lieutenant Solow informed Moonin that a team to
disassemble and remove the department kennel and pick up K9 Teko would be at
Moonin’s residence the next day (2-10-2012) at 10:00 am. Trooper Moonin
informed Lieutenant Solow that he was on federal family leave caring for a sick new
born baby and that if they were going to pick up Teko and the kennel, the department
must adhere strictly to the schedule. The department’s demands forced Trooper
Moonin to cancel his new born baby’s scheduled doctor’s appointment because the
appointment conflicted with NHP’s pick up time. Trooper Moonin’s new baby was
inflicted with a serious illness that required almost daily doctor examinations.
Approximately one hour later, Lieutenant Solow left another voicemail for Trooper
Moonin informing him that the pickup had been cancelled and that it would be
rescheduled for some time between February 14 – February 16. Trooper Moonin
recognized the sudden demands and cancellations by Lieutenant Haycox while on
federal family medical leave as very similar to the intimidation strategy employed
against K9 Trooper Lee by Northern NHP Command. This caused Trooper Moonin
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extreme anxiety and fear that NHP Command was going to do to him and his family
what they did to Trooper Lee and his family.
342. On February 10th, 2012, News show “Face to Face” confirmed through The
Las Vegas Metropolitan Police Department’s Internal Affairs Bureau confirmed their
investigation revealed Narcotics Detectives slicing into FedEx packages to release
the scent of drugs to obtain a K9 alert. Also, LVMPD released a statement they are
allowing K9 Trainer Mel English to keep his outside job with Battle Born K9, but is
no longer purchasing dogs from Mark Rispoli and Makor Kennels because of the
appearance of conflict.
343. On February 13th, 2012, Lieutenant Dan Solow phoned Trooper Moonin and
informed him that the pick-up of K9 Teko and the department kennel was cancelled
indefinitely and that the department would notify him when it best fit the
department’s schedule. Trooper Moonin reiterated to Lieutenant Solow that he was
on family medical leave and re-informed him that he was caring for a very sick new
born that required nearly daily doctor visits.
344. On March 5, 2012, Lieutenant Haycox phoned Trooper Moonin and informed
him that a crew would be at Moonin’s residence the next day, March 6, 2012 at
10:00 am to pick up K9 Teko and the department kennel. Lieutenant Haycox asked if
they needed a crane to remove the kennel from Moonin’s rear yard - in contrast to
tearing down fences and trees as NHP Command had done to Trooper Lee. Trooper
Moonin informed Lieutenant Haycox a crane was not necessary. On or about March
6, 2012 NVDPS and DOT personnel, some in NHP uniform and some in civilian
clothes, arrived at Trooper Moonin’s residence earlier than the agreed time of 10:00
am, removed the department kennel, and picked up K9 Teko. Later that morning
Lieutenant Haycox and Donald Dice arrived at Trooper Gary Smiths residence to
pick up DPS K9 “Jaeger”. A crane was used to remove the NHP K9 kennel from
Trooper Smiths backyard, contrary to the incident at Trooper Lees residence.
345. On June 12th, 2012, Trooper Neil Ferguson, the former NHP K9 handler of
K9 Amanda, telephoned Amanda’s current handler, Trooper Hugh Shook, and left a
voicemail message inquiring as to Amanda’s well being and asking how Trooper
Shook was getting along with Amanda. Trooper Ferguson had taken Amanda
through her NHP drug detector dog-training academy and she had lived with him for
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at least 8 months. Trooper Ferguson made the onetime telephone call to Trooper
Shook because he and his family missed Amanda and simply wanted to know how
she was doing. 346. On June 15th, 2012, Trooper Ferguson received a text message in reply to his
voicemail from Trooper Shook. The text message stated “Please stop calling me. I
am not at liberty to discuss the HIDTA team or Amanda with you”. On the same
morning that he received the text message from Trooper Shook, Trooper Ferguson
was on duty attending classroom in service training at the NHP Southern Command
facility. During the class, NHP Sergeant Diamond summoned Trooper Ferguson out
of the in progress class into the station hallway. Sergeant Diamond advised Trooper
Ferguson that he, Sergeant Diamond, had been directed by NHP Command to order
Trooper Ferguson not to have any contact with any HIDTA members, including K9.
FIRST CLAIM FOR RELIEF
(First Amendment Violation)
Against Deputy Tice
347. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
348. Plaintiffs, as citizens, are guaranteed under the First Amendment freedom of
speech and association; Plaintiffs’ state employment status does not eliminate
Plaintiffs’ constitutionally protected right to free speech and freedom of association.
349. On February 24, 2011, Deputy Tice issued and implemented a gag order
forbidding K9 staff from discussing the K9 Program with staff outside the K9
Program. The gag order required chain of command approve any such
communications prior to the communication occurring and that violations would be
considered severe insubordination.
350. The February 2011 gag order constitutes a prior restraint on speech since it
restricts speech until chain of command approval has been obtained granting the
chain of command total discretion in denying or granting requests to speak.
351. The issued gag order violated Plaintiffs’ First Amendment rights eliminating
Plaintiffs’ abilities as private citizens to speak on matters of public concern. The
areas of public concern the February 2011 gag order improperly restricted included,
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but may not be limited to, possible fraud and malfeasance of seized funds by NHP
Command, widespread occurrences of unconstitutional searches, NHP and
LVMPD’s acceptance unconstitutional searches and improper officer behavior, NHP
and LVMPD’s sabotage of the K9 Program and NHP and LVMPD’s intentional
decision to lower K9 training standards.
352. The issued gag order violated Plaintiffs’ First Amendment rights since it
granted the chain of command total power over speech failing to provide any
objective criteria to be used in granting or denying authority to speak.
353. The February 2011 gag order failed to have any lawful purpose. The gag
order was not intended to protect against a clear or present danger or protect against
a serious and imminent threat; instead, improperly, the gag order was issued in an
attempt to cover up the widespread misconduct and malfeasance of NHP and
LVMPD Command and improper officer behavior.
354. The February 2011 gag order was overly and unconstitutionally broad
restricting all communication about the K9 Program between K-9 staff and outside
individuals.
355. Even if a lawful purpose existed, since numerous less restrictive, yet effective
measures remained available, the gag order violated Plaintiffs’ First Amendment
rights.
356. At the time the gag order was created and implemented, Deputy Tice knew
the gag order was unconstitutional; Deputy Tice possessed full knowledge the gag
order had no lawful purpose, was unconstitutionally broad, failed to provide
objective criteria for decision making and/or that less restrictive means remained
available.
357. At the time the gag order was created and implemented, Deputy Tice knew
the gag order would violate Plaintiffs’ First Amendment Rights failing to overcome
the heavy presumption of unconstitutionality.
358. Deputy Tice was acting unreasonable in executing the gag order as a
reasonable official would understand his acts unlawful.
359. Deputy Tice, as a NHP officer and a state employee was acting under color of
state law in issuing the unconstitutional gag order.
360. As a direct and proximate result of Deputy Tice’s violation of Plaintiffs’ First
Amendment rights, Plaintiffs suffered damages in excess of $2,000,000.00.
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361. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
SECOND CLAIM FOR RELIEF
(First Amendment Violation)
Against Captain Jackson
362. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
363. On May 23, 2011, Captain Jackson specifically ordered Plaintiff Moonin to
not talk to, or associate with another K9 trainer, Bill West.
364. Captain Jackson’s order constitutes a prior restraint on speech as it
improperly and totally forbids Plaintiff Moonin from associating or speaking with
Trainer West.
365. Captain Jackson’s order violated Plaintiff Moonin’s First Amendment rights
eliminating his abilities to speak on matters of public concern and/or associate freely.
Plaintiff Moonin was forbidden from speaking with Trainer West about the
constitutionality of witnessed searches, the relaxing of training standards facilitating
unconstitutional searches and/or sabotage or the K9 Program.
366. Captain Jackson’s order failed to have any lawful purpose since it was no
intended to protect against any danger or imminent threat.
367. Captain Jackson’s gag order was overly and unconstitutionally broad
restricting all communication and/or association with Trainer West.
368. Even if a lawful purpose had been intended, since numerous less restrictive,
yet effective measures, remained available, Captain Jackson’s order violated Plaintiff
Moonin’s First Amendment rights.
369. At the time the gag order was created and implemented, Captain Jackson
knew the order was unconstitutional; Captain Jackson possessed full knowledge the
gag order had no lawful purpose, was unconstitutionally broad and/or that less
restrictive measures were available.
370. At the time the gag order was created and implemented, Captain Jackson
knew the gag order would violate Plaintiff Moonin’s First Amendment Rights failing
to overcome the heavy presumption of unconstitutionality.
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371. Captain Jackson was acting unreasonable in executing the gag order as a
reasonable official would understand his acts unlawful.
372. Captain Jackson, as a NHP Officer and a state employee was acting under
color of state law in issuing the unconstitutional gag order.
373. As a direct and proximate result of Captain Jackson’s violation of Plaintiff
Moonin’s First Amendment rights, Plaintiff Moonin suffered damages in excess of
$2,000,000.00.
374. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
THIRD CLAIM FOR RELIEF
(First Amendment Violations)
Against LVMPD and GILLESPIE
375. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
376. During a meeting on or about September 7, 2011, after a new report disclosed
the common, acceptable and unconstitutional practice of slashing FedEx boxes,
LVMPD Sgt. Zeil informed K9 officers that “narcotics detail is a covert mission”
forbidding all K9 officers from discussing “our business” with anyone outside the
unit.
377. LVMPD’s order violated First Amendment Rights to openly discuss matters
of public concern including, but not limited to, widespread, unconstitutional
searches, unconstitutional techniques utilized and NHP and LVMPD’s acceptance of
unconstitutional searches.
378. LVMPD’s order failed to have any lawful purpose since it was not intended
to protect against any danger or imminent threat; instead, LVMPD’s order was
improperly issued in an attempt to cover up the widespread unconstitutional searches
and LVMPD and NHP’s tolerance and acceptance of the constitutional violations.
379. Even if a lawful purpose could be found, since numerous less restrictive, yet
effective measures, remained available, LVMPD’s order violated First Amendment
rights.
380. At the time the gag order was created and implemented, LVMPD knew the
order was unconstitutional; LVMPD possessed full knowledge the gag order had no
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lawful purpose, was unconstitutionally broad and/or that less restrictive measures
were available.
381. At the time the gag order was created and implemented, LVMPD knew the
gag order would violate First Amendment Rights failing to overcome the heavy
presumption of unconstitutionality.
382. LVMPD’s express order, issued through Sgt. Zeil, constitutes an official
policy when enforced causes constitutional violations.
383. LVMPD enforcing constitutional law and acting with NHP state troopers and
NHP command, was acting under color of state law.
384. As a direct and proximate result of LVMPD’s unconstitutional behavior,
Plaintiffs suffered damages in excess of $2,000,000.00.
385. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
FOURTH CLAIM FOR RELIEF
(First Amendment Retaliation)
Against Sgt. Lewis, Lt. Stewart, Deputy Chief Tice, Capt. Jackson, Capt. Peterson, Sgt.Prosser, Lt. Haycox, Deputy Chief Sanchez, Trooper Shook, Officer Raab,
Officer Leonard, Zapata, Colonel Perry, Capt, Gallagher, Sgt. Zeil, Lt. Peterson, Capt. Ellison, Sgt. Higgins, Det. Jaeger, Sheriff Gillespie, Officer English, Sgt.
Higgins, LVMPD, NHP
386. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
387. Plaintiffs properly utilized their guaranteed First Amendment Right reporting
and discussing numerous areas of public and community concern. Plaintiffs reported
widespread unconstitutional searches, improper officer behavior, command’s
acceptance of improper and unconstitutional officer conduct, and the many negative
impacts of implementing lower training standards. Plaintiffs discussed malfeasance
regarding the millions of dollars seized and the relaxing of K9 training and required
standards. Plaintiffs discussed the frustration, interference and sabotage of the K9
Program and the injury caused to the State as a result.
388. Plaintiffs’ words and/or discussions did not negatively impact or interfere
with the work environment or job efficiency. Plaintiffs’ reports and/or discussions
did not obstruct office operations of interfere with Plaintiffs’ duties.
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389. Due to Plaintiffs exercising their First Amendment Rights, Plaintiffs were
subjected to harsh and severe retaliation by a multitude of NHP and LVMPD officers
and command staff.
390. In addition to other retaliatory actions, Sgt. Lewis subjected Plaintiff Lee to
repeated, baseless disciplinary counseling sessions, was aggressively challenged by
his supervisor, informed he had a negative attitude and impacted co-workers
negatively, was commonly singled out in a negative manner and was openly blamed
for Unit discord. Sgt. Lewis openly and blatantly ignored Plaintiffs’ physical
presence and/or refused to respond to phone messages or requests for information.
Sgt. Lewis filed an utterly false complaint against Plaintiffs Yarnall and Lee
contending Plaintiffs planting drugs in cars and spread his false allegations
throughout the department. Sgt. Lewis baselessly and publicly criticized Sgt.
Yarnall’s training , Plaintiff Moonin’s skills and sought to eliminate Plaintiffs’
positions by pushing to utilize the substandard training practices implemented by the
Washoe County Sheriff’s Office. Additionally, as a direct supervisor, Sgt. Lewis
knew of the retaliation and failed to take any action; Sgt. Lewis had received
multiple reports of retaliation but in failing to act showed deliberate indifference to
Plaintiffs.
391. In addition to other retaliatory actions, Sgt. Stewart filed a false complaint
against Sgt. Yarnall alleging that Sgt. Yarnall was impersonating an NHP Trooper by
driving around NHP in a marked patrol vehicle dressed in a NHP Trooper uniform.
392. In addition to other retaliatory actions, Deputy Chief Tice explicitly
threatened retaliation if Plaintiff Moonin failed to remain silent about command
changes threatening if Plaintiff Moonin failed to remain silent, “It’s going to hurt;
it’s going to be painful.” Deputy Chief Tice openly and publicly threatened Plaintiff
Moonin’s employment with the K9 Unit and ordered Plaintiffs Moonin be placed at
the end of the overtime list. Deputy Chief Tice emailed a defamatory email
regarding Plaintiff Moonin’s reassignment.
393. In addition to other retaliatory actions, Capt. Jackson threatened Plaintiff
Moonin’s sought promotion and months after transferring out of the K9 Unit,
demanded Plaintiff Moonin be disciplined for alleged acts occurring four (4) months
prior. In response, a totally baseless Documented Verbal Counseling was placed in
Plaintiff Moonin’s personnel file.
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394. In addition to other retaliatory actions, Capt. Peterson threatened Plaintiff
Moonin’s reassignment and acted contrary to standard operating protocol by refusing
to place Plaintiff Moonin in the open position Plaintiff Moonin requested. Instead,
Capt. Peterson intentionally placed Plaintiff Moonin in the same unit as the most
egregious harasser of Plaintiff Moonin, Handler Shook and appeared to enjoy
Plaintiff’s Moonin emotional request to be transferred away from Handler Shook.
395. In addition other retaliatory actions, Sgt. Prosser subjected Plaintiff Moonin
to higher performance standards than other officers and baselessly found his
performance unsatisfactory. Sgt Prosser singled Plaintiff Moonin out for a larger
capacity, patrol car camera and intentionally interfered with Plaintiff Moonin’s
rightful promotion. Against proper procedure, Sgt. Prosser refused to address
Plaintiff Moonin’s formal request for transfer. Additionally, as a direct supervisor,
Sgt. Prosser knew of the retaliation and failed to take any action; Sgt. Prosser had
received multiple reports of retaliation but in failing to act showed deliberate
indifference to Plaintiffs.
396. In addition other retaliatory actions, Lt. Haycox subjected Plaintiff Moonin to
higher performance standards than other officers and baselessly found his
performance unsatisfactory. Lt. Haycox created a contrived situation with the sole
intention of setting Plaintiff Moonin “up” for some sort of disciplinary action and/or
termination.
397. In addition to other retaliatory actions, Deputy Chief Sanchez falsely accused
Plaintiff Lee of withholding records from the United States Attorney’s Office and
ordered Plaintiff Lee return to work while on approved leave to locate the records;
upon arriving at work, Plaintiff Lee found the records had been curiously deleted.
Deputy Chief Sanchez repeatedly frustrated Sgt. Yarnall’s abilities to skillfully
conduct K9 training repeatedly demanding Sgt. Yarnall perform unnecessary work in
the middle of training. Deputy Chief Sanchez facilitated significant delays in
Plaintiff Lee’s reimbursement claims.
398. In addition to other retaliatory actions, Handler Shook publicly and baselessly
challenged Plaintiff Moonin’s training abilities; Handler Shook falsely accused
Plaintiffs of accepting monetary kickbacks. Handler Shook intentionally facilitated
co-worker hatred and isolation of Plaintiff Moonin.
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399. In addition to other retaliatory actions, Captain Todd Ellison altered the
drafted K-9 Manual prior to submission jeopardizing the K-9 Unit and Yarnall, the
expert’s position.
400. In addition to other retaliatory actions, Officer Donald Dice filed a baseless
complaint against Plaintiff Moonin .
401. In addition to other retaliatory actions, Officer Raab filed a baseless
complaint against Plaintiff Moonin and aggressively approached Plaintiff Moonin
hostilely blaming Plaintiff Moonin for investigations into improper officer conduct .
402. In addition to other retaliatory actions, Officer Leonard aggressively
approached Plaintiff Moonin hostilely blaming Plaintiff Moonin for investigations
into improper officer conduct .
403. In addition to other retaliatory actions, Colonel Perry threatened the K9 Unit
and Plaintiffs’ positions within the unit; Colonel Perry repeatedly frustrated K9
training and Sgt. Yarnall’s ability to perform his employment obligations. Colonel
Perry advanced a false and vicious rumor about Sgt. Yarnall forcing Sgt. Yarnall to
defend his stellar skills and reputation. Colonel Perry repeatedly threatened Sgt.
Yarnall’s employment and likely facilitated the destruction of K9 files and the
vandalism of their office. Colonel Perry placed ridiculously high demands on Sgt.
Yarnall outside the boundaries of his employment contract and/or standard procedure
including, but not limited to, conducting handler training and instructor training
concurrently without any corresponding pay. Colonel Perry repeatedly delayed the
executing in Sgt. Yarnall’s employment contract, refused to execute the industry
standard and agreed upon 1 year extension and refused to afford the K9 Unit staple
necessities such as dog food. Colonel Perry facilitated Sgt. Yarnall working for
hours unpaid through oral promises prior to maliciously refusing to renew Sgt.
Yarnall’s contract. Colonel Perry’s overt hostility and frustration directed at
Plaintiffs’ and the K9 Program as a whole facilitated a complaint with OPR being
filed by the retiring Director.
404. In addition to other retaliatory actions, Captain Gallagher ordered Plaintiffs
Moonin and Lee’s Association Representatives to not return and/or accept their calls.
405. In addition to other retaliatory actions, Sgt. Zeil placed Plaintiff Moonin
directly in harm’s way violating explicit protocol ordering Plaintiff Moonin stop
vehicle without unit back up.
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406. In addition to other retaliatory actions, Sgt. Higgins created a contrived
situation with the sole intention of setting Plaintiff Moonin “up” for some sort of
disciplinary action and/or termination.
407. LVMPD refusal to take any disciplinary action against any of the officers
retaliating against Plaintiffs, and LVMPD repeatedly ignoring the blatant and hostile
retaliatory actions directed at Plaintiffs, was so widespread that although not
formally authorized by written law, was so well settled and permanent as to
constitute a custom or usage with the force of law.
408. NHP refusal to take any disciplinary action against any of the officers
retaliating against Plaintiffs, and NHP repeatedly ignoring the blatant and hostile
retaliatory actions directed at Plaintiffs, was so widespread that although not
formally authorized by written law, was so well settled and permanent as to
constitute a custom or usage with the force of law. NHP refused to address a
multitude of improper actions including, but not limited to, Captain Ellison’s
destruction of Sgt. Yarnall’s work, Sgt. Lewis’ blatant and egregious lies about Sgt.
Yarnall and the refusal to conduct any type of “real” investigation into the numerous
reports of unconstitutional searches.
409. The adverse actions taken by each named Defendant would deter a person of
ordinary firmness from continuing to engage in speaking on matters of public
concern such as the sabotage of the K9 Program by NHP Command, the routine
occurrence and acceptance of unconstitutional searches and sub-standard training.
410. The adverse actions taken by each acting Defendant was motivated at least in
part by Plaintiffs exercising their First Amendment rights and speaking about matters
of public concern.
411. As police officers, trained and required to uphold the law and the
constitution, all acting Defendants reasonably understood their actions violated
Plaintiffs’ First Amendment right to speak freely on matters of public concern
without reprisal.
412. As city and state police departments responsible for upholding laws and the
constitution, LVMPD and NHP reasonably understood their actions violated
Plaintiffs’ First Amendment right to speak freely on matters of public concern
without reprisal.
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413. As city and state police departments, working together and with state and city
officers and employees, all named acting Defendants were acting under color of state
law.
414. Each participating Defendant was acting in bad faith and unreasonable in
retaliating against Plaintiffs for exercising their First Amendment rights.
415. As a direct and proximate result of Defendants’ repeated and harsh
retaliation, Plaintiffs suffered damages in excess of $2,000,000.00.
416. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
FIFTH CLAIM FOR RELIEF
(Violation of Fourth Amendment)
Against NHP, LVMPD, Sheriff Gillespie, Sgt. Zeil, Sgt. Prosser
417. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
418. The Fourth Amendment protects personal privacy and dignity against
unwarranted intrusion. In exercising searches of a citizen’s property, officers must
possess probable cause or consent to search.
419. NHP Command’s actions surrounding the K-9 Unit created and facilitated
widespread Fourth Amendment Violations.
420. LVMPD Command’s actions surrounding the K9 Unit created and facilitated
widespread Fourth Amendment Violations.
421. NHP Command acted with deliberate indifference to citizens’ Fourth
Amendment rights failing to act on the numerous, credible reports that
unconstitutional searches and racial profiling were routinely occurring.
422. Sgt. Prosser was notified of racial profiling and unconstitutional searches yet
acted with deliberate indifference by taking no action against any of the offending
officers.
423. LVMPD Command acted with deliberate indifference to citizens’ Fourth
Amendment rights failing to act on the numerous, credible reports that
unconstitutional searches and racial profiling were routinely occurring.
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424. LVMPD supervisor Sgt. Zeil witnessed unconstitutional witnesses occurring
yet acted with deliberate indifference failing to take any action against the offending
officers.
425. LVMPD utilized a K9 training system well-known to violate constitutional
safeguards.
426. NHP Command decided to relocate K9 training from a training program with
a proven track record of protecting constitutional rights to a training program proven
to violate constitutional rights. NHP Command’s decision was rendered after NHP
trained dogs tested with 100% success while the LVMPD trained dog failed
miserably.
427. NHP and LVMPD Command acted with deliberate indifference continuing to
utilize the subpar training possessing full knowledge the LVMPD trained dogs failed
to protect constitutional safeguards.
428. The LVMPD K9 training program is a standard program which NHP decided
to utilize by orders of the final policymaking authority.
429. Sgt. Zeil and Sgt. Prosser acted unreasonably and in bad faith by failing to
take appropriate action after witnessing and/or becoming aware of unconstitutional
searches being conducted.
430. As city and state police departments, working together with state and city law
enforcement officers and employees, all acting Defendants were acting under color
of state law.
431. As a direct and proximate result of Defendants’ failures, Plaintiffs suffered
damages in excess of $2,000,000.00.
432. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
SIXTH CLAIM FOR RELIEF
(State Civil Conspiracy)
Against Sgt. Lewis, Lt. Stewart, Deputy Chief Tice, Capt. Peterson, Sgt. Prosser, Lt.
Haycox, Deputy Chief Sanchez, Trooper Shook, Officer Raab, Officer Leonard, Colonel
Perry, Capt. Gallager, Sgt. Zeil, Lt. Peterson, NHP, LVMPD, Sgt. Higgins, Trooper
Dice, Sgt. Higgins
433. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
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434. Each acting NHP and LVMPD officer conspired, agreed and intended to
force Plaintiffs’ constructive resignation and/or destroy the K9 Program and
Plaintiffs’ positions within the Program.
435. In addition to other acts furthering the conspiracy, Sgt. Lewis subjected
Plaintiff Lee to repeated, baseless disciplinary counseling sessions and openly
blamed Plaintiff Lee for Unit discord. Sgt. Lewis openly and blatantly ignored
Plaintiffs’ physical presence and/or refused to respond to phone messages or requests
for information. Sgt. Lewis filed an utterly false complaint against Plaintiff Yarnall
and Plaintiff’s Moonin and Lee contending the officers planted drugs; Sgt. Lewis
spread his false allegations throughout the department. Sgt. Lewis baselessly and
publicly criticized Sgt. Yarnall’s training, Plaintiff Moonin’s skills and sought to
eliminate Plaintiffs’ positions by pushing to utilize the substandard training practices
implemented by the LVMPD.
436. In addition to other acts furthering the conspiracy, Lt. Stewart filed a totally
false complaint against Sgt. Yarnall alleging that Sgt. Yarnall was impersonating an
NHP Trooper by driving around NHP in a marked patrol vehicle dressed in a NHP
Trooper uniform.
437. In addition to other acts furthering the conspiracy, Deputy Chief Tice placed
Plaintiff Moonin at the end of the overtime list and emailing a defamatory email
regarding Plaintiff Moonin’s reassignment.
438. In addition to other acts furthering the conspiracy, Capt. Peterson threatened
Plaintiff Moonin’s reassignment and acted contrary to standard operating protocol by
refusing to place Plaintiff Moonin in the open position Plaintiff Moonin requested.
Instead, Capt. Peterson intentionally placed Plaintiff Moonin in the same unit as his
most egregious harasser. Capt. Peterson appeared to enjoy Plaintiff’s Moonin
emotional request to be transferred away from Handler Shook.
439. In addition to other acts furthering the conspiracy Sgt. Prosser subjected
Plaintiff Moonin to higher performance standards than other officers and baselessly
found his performance unsatisfactory. Sgt Prosser singled Plaintiff Moonin out for a
larger capacity, patrol car camera and intentionally interfered with Plaintiff Moonin’s
rightful promotion. Against proper procedure, Sgt. Prosser refused to address
Plaintiff Moonin’s formal request for transfer.
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440. In addition to other acts furthering the conspiracy, Lt. Haycox subjected
Plaintiff Moonin to higher performance standards than other officers and baselessly
found his performance unsatisfactory. Lt. Haycox created a contrived situation with
the sole intention of setting Plaintiff Moonin “up” for some sort of disciplinary
action and/or termination.
441. In addition to other acts furthering the conspiracy, Deputy Chief Sanchez
falsely accused Plaintiff Lee of withholding records from the United States
Attorney’s Office and ordered Plaintiff Lee return to work while on approved leave
to locate the records; upon arriving at work, Plaintiff Lee found the records had been
curiously deleted. Deputy Chief Sanchez repeatedly frustrated Sgt. Yarnall’s
abilities to skillfully conduct K9 training repeatedly demanding Sgt. Yarnall perform
unnecessary work in the middle of training. Deputy Chief Sanchez facilitated
significant delays in Plaintiff Lee’s reimbursement claims.
442. In addition to other acts furthering the conspiracy, Officer Shook publicly
and baselessly challenged Plaintiff Moonin’s training abilities; Handler Shook
falsely accused Plaintiffs of accepting monetary kickbacks. Handler Shook
intentionally facilitated co-worker hatred and isolation of Plaintiff Moonin.
443. In addition to other acts furthering the conspiracy, Capt. Ellison altered Sgt.
Yarnall’s drafted K-9 Manual prior to submission.
444. In addition to other acts furthering the conspiracy, Officer Dice filed a totally
baseless complaint against Plaintiff Moonin .
445. In addition to other acts furthering the conspiracy, Officer Raab filed a totally
baseless complaint against Plaintiff Moonin and aggressively approached Plaintiff
Moonin hostilely blaming Plaintiff Moonin for investigations into improper officer
conduct .
446. In addition to other acts furthering the conspiracy, Officer Leonard
aggressively approached Plaintiff Moonin hostilely blaming Plaintiff Moonin for
investigations into improper officer conduct .
447. In addition to other acts furthering the conspiracy, Colonel Perry repeatedly
threatened and sabotaged the K9 Unit and Plaintiffs’ positions within the unit;
Colonel Perry repeatedly frustrated K9 training and Sgt. Yarnall’s ability to perform
his employment obligations. Colonel Perry advanced a false and vicious rumor
about Sgt. Yarnall forcing Sgt. Yarnall to defend his stellar skills and reputation.
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Colonel Perry repeatedly threatened Sgt. Yarnall’s employment and likely facilitated
the destruction of K9 files and the vandalism of their office. Colonel Perry placed
ridiculously high demands on Sgt. Yarnall outside the boundaries of his employment
contract and/or standard procedure. Colonel Perry repeatedly delayed the executing
in Sgt. Yarnall’s employment contract, refused to execute the industry standard and
agreed upon 1 year extension and refused to afford the K9 Unit staple necessities
such as dog food. Colonel Perry facilitated Sgt. Yarnall working unpaid through oral
promises prior to maliciously refusing to renew Sgt. Yarnall’s contract. Colonel
Perry’s overt hostility and frustration directed at Plaintiffs’ and the K9 Program as a
whole facilitated a complaint with OPR being filed against him by the retiring
Director.
448. In addition to other acts furthering the conspiracy, Capt. Gallagher ordered
Plaintiffs Moonin and Lee’s Association Representatives to not return and/or accept
their calls.
449. In addition to other acts furthering the conspiracy, Sgt. Zeil placed Plaintiff
Moonin directly in harm’s way violating explicit protocol refusing Plaintiff Moonin
any unit back up.
450. In addition to other acts furthering the conspiracy, Sgt. Higgins created a
contrived situation with the sole intention of setting Plaintiff Moonin “up” for some
sort of disciplinary action and/or termination.
451. Each acting Defendant acted in bad faith.
452. NHP and LVMPD furthered the overall conspiracy by acting with deliberate
indifference to all of the numerous reports of egregious actions taken against
Plaintiffs, was grossly negligent in supervising officers and acted in furtherance of
the overall goal of the conspiracy to force Plaintiffs’ constructive resignations and/or
destroy the K9 Program and Plaintiffs’ positions within the Program.
453. As a direct and proximate result of Defendants’ actions and conduct,
Plaintiffs suffered damages in excess of $2,000,000.00.
454. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
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SEVENTH CLAIM FOR RELIEF
(Conspiracy ;42 U.S.C.A. § 1985(1))
Against Sgt. Lewis, Lt. Stewart, Deputy Chief Tice, Capt. Jackson, Capt. Peterson, Sgt.Prosser, Lt. Haycox, Deputy Chief Sanchez, Trooper Shook, Officer Raab, Officer
Leonard, Zapata, Colonel Perry, Capt, Gallager, Sgt. Zeil, Lt. Peterson, Sgt. Cook, Sgt. Higgins
455. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
456. Each enumerated Defendant conspired to, agreed to and acted to furtherance
to prevent Plaintiffs from performing their official, job duties and responsibilities.
457. Colonel Perry engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Colonel Perry openly expressed hatred of the K9
Program and acted routinely with threats and intimidation in order to undermine
Plaintiffs and the Programs performance. At the kick-off of the K9 Program’s first
training, Colonel Perry threatened and intimidated Plaintiffs and the K9 Unit as a
whole stating the K9 officers were not wanted within the department and that the
officers should watch their backs. Colonel Perry continually frustrated Sgt. Yarnall’s
training performance demanding Sgt. Yarnall complete non-necessary work while
also conducting training; if Sgt. Yarnall failed to comply, Colonel Perry threatened
termination. Colonel Perry intimidatingly delayed salary payments and intentionally
spread vicious rumors about Plaintiffs successfully undermining Plaintiffs
credibility, facilitating extreme isolation and frustrating Plaintiffs job performance.
Colonel Perry implicitly threatened Plaintiffs and the K9 Program ordering covert
operations, investigations and vandalism of the K9 offices; Colonel Perry likely
ordered the destruction of K9 records. Colonel Perry refused overtime and lodging
for K9 trainees frustrating Sgt. Yarnall’s training and intimidating the Unit. Colonel
Perry repeatedly threatened termination of Plaintiffs and refused Sgt. Yarnall’s
rightful employment contract extensions. Colonel Perry ordered ridiculously
excessive extra job responsibilities on Sgt. Yarnall ordering either Sgt. Yarnall
accept the extra tasks for the same money or be terminated.
458. Deputy Chief Sanchez engaged in acts of force, threats and/or intimidation
with the intention of frustrating Plaintiffs’ job duties and performance. Some of such
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acts include, but may not be limited to, Deputy Chief Sanchez made serious and false
accusations to Plaintiff Lee alleging Plaintiff Lee withheld records from the Assistant
United States Attorney (AUSA) Addington. Deputy Chief Sanchez implied Plaintiff
Lee’s job was in jeopardy and demanded Plaintiff Lee immediately return to the
office, Plaintiff Lee was on FMLA leave, to locate the missing records. Upon
complying, Plaintiff Lee found the identified records suspiciously missing.
459. Sgt. Lewis engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Sgt. Lewis falsely and solely for the purpose of
intimidation, filed a totally false complaint alleging Sgt. Yarnall and Plaintiff’s
Moonin and Lee were planting drugs. Sgt. Lewis forced Plaintiff Lee to endure
numerous, baseless disciplinary sessions each time threatening Plaintiff Lee’s
position. Sgt. Lewis intimidated Plaintiff Lee during one meeting in which Sgt.
Lewis intimidated Plaintiff Lee by letting him know that he could access Plaintiff’s
confidential testimony characterizing Plaintiff Lee’s confidential testimony in a
threatening manner as a betrayal on his co-workers. Sgt. Lewis falsely characterized
Plaintiffs’ meeting requests to NHP Command implicitly threatening Plaintiffs’ to
cease communicating with NHP Command.
460. Lt. Stewart engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Lt. Stewart filed a complaint against Sgt. Yarnall
falsely alleging that Sgt. Yarnall was impersonating an NHP Trooper.
461. Deputy Tice engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Deputy Chief Tice explicitly informed Plaintiffs
the sudden termination of two other K9 Troopers was a “warning” to simply do as
they were told and remain totally silent as to all the improper and illegal actions
occurring. Deputy Chief Tice explicitly threatened Plaintiff Moonin’s job if he did
not remain silent and simply comply with all orders contending if Plaintiff Moonin
failed to do so, “It’s going to hurt; it’s going to be painful.”
462. Lt. Peterson engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Lt. Peterson refused
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orders to develop a position intimidating Sgt. Yarnall and forcing Sgt. Yarnall to
work for no salary.
463. Sgt. Cook engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, forcing Plaintiff Moonin routinely out of critical
Instructor Training for minor, ministerial duties. Each time, Sgt. Cook forced
Plaintiff Moonin leave critical training to obtain documents, Plaintiff Moonin found
the documents suspiciously missing.
464. Sgt. Prosser engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Sgt. Prosser baselessly threatened Plaintiff
Moonin’s position and performance. Sgt. Prosser forced Plaintiff Moonin to accept
higher standards than the other officers or face termination. Sgt. Prosser implicitly
threatened Plaintiff Moonin by subjecting Plaintiff Moonin to a higher capacity
vehicle camera.
465. Lt. Haycox engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Lt. Haycox demanding Plaintiffs seize more
money implicitly contending the manner, i.e. the constitutionality, was irrelevant.
Lt. Haycox interrogated Plaintiff Moonin about his patrol unit’s camera threatening
disciplinary action. Lt. Haycox also attempted to facilitate “setting up” Plaintiff
Moonin to receive some sort of disciplinary action.
466. Capt. Jackson engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, threatening Plaintiff Moonin that he would
frustrate Plaintiff Moonin’s sought promotion; a few days later Capt Jackson
intimidatingly, personally contacted Plaintiff Moonin to tell him he had not received
the promotion.
467. Trooper Shook engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, Trooper Shook physically cornering, confronting
and threatening Plaintiff Moonin. Trooper Shook accused Plaintiff Moonin of
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corruption and accepting bribes yelling at Plaintiff Moonin in an extremely
threatening manner.
468. Sgt. Zeil engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, during a meeting with other officers Sgt. Zeil
implied Plaintiff Moonin was the media source. Sgt. Zeil ordered that actions in the
unit be thought of as covert directing the statement to Plaintiff Moonin. Sgt. Zeil’s
actions facilitated hostility, hatred, distrust and isolation directed by co-workers to
Plaintiff Moonin. Sgt. Zeil violated procedure forcing Plaintiff Moonin in harm’s
way without task force back up.
469. Troopers Ervin Raab and Ben Leonard engaged in acts of force, threats
and/or intimidation with the intention of frustrating Plaintiffs’ job duties and
performance. Some of such acts include, but may not be limited to, Troopers Raab
and Trooper Leonard approaching Plaintiff Moonin in a physically threatening
manner while Plaintiff Moonin was alone in a room completing paperwork. The
Troopers approached Plaintiff in a threatening manner and although no physical
touching occurred, the Troopers stood excessively close and railed about
“whistleblowers” and how “fucked up” the behavior was. The Troopers then
threatened to complain against Plaintiff Moonin contending they could file a
complaint and cause a firing.
470. Capt. Gallagher engaged in acts of force, threats and/or intimidation with the
intention of frustrating Plaintiffs’ job duties and performance. Some of such acts
include, but may not be limited to, intimidating Plaintiffs’ Union Representative to
not accept Plaintiffs telephone calls and requests for contract mandated, assistance.
471. Each enumerated Defendant conspired to, agreed to and acted in furtherance
of causing and facilitating injury to Plaintiff Lee’s property.
472. Sgt. Zapata engaged in acts of force, threats and/or intimidation with the
intention of causing Plaintiff Lee to suffer property damage. Some of such acts
include, but may not be limited to, Sgt. Zapata attempting to intimidate by lying to
Plaintiff Lee about the state refusing to pay for a crane and a crane was not an
option. Sgt. Lewis forcefully told Plaintiff Lee that that tearing down Plaintiff Lee’s
fence was a necessity and would happen. After Plaintiff Lee contacting his
supervisor, Sgt. Lewis backed off. Sgt. Zapata intimidatingly came to Plaintiff Lee’s
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residence with an excessive amount of squad cars and uniformed officers generating
a reasonable assumption by any witness that some illegal raid was occurring. Sgt.
Zapata again aggressively and falsely informed Plaintiff Lee the state would not pay
for the crane. Sgt. Zapata forced himself and other officers onto Plaintiff Lee’s
property. Sgt. Zapata and the officers he directed destroyed Plaintiff’s property.
473. Sgt. Lewis engaged in acts of force, threats and/or intimidation with the
intention of causing Plaintiff Lee to suffer property damage. Sgt. Zapata forced
Plaintiff Lee to accept the property damage and the characterization of events as
enumerated by Sgt. Lewis. Sgt. Zapata lied about the nonuse of the crane. Sgt.
Lewis intimidatingly informed Plaintiff Lee he could contact anyone in NHP, but
reasserted his threat that Plaintiff Lee’s fence and landscaping would be torn down.
474. NHP engaged in acts of force, threats and/or intimidation with the intention
of causing Plaintiff Lee to suffer property damage. Some of such acts include, but
may not be limited to, baselessly refusing to utilize a crane to remove the kennel on
Plaintiff’s property.
475. Each enumerated Defendant conspired to, agreed to and acted to in
furtherance of placing Plaintiff Moonin in harm’s way repeatedly attempting to cause
Plaintiff Moonin to suffer physical injuries.
476. Sgt. Zeil engaged in acts of force, threats and/or intimidation with the
intention of causing Plaintiff Moonin to suffer physical harm. During a meeting
with other officers, Sgt. Zeil implicitly enumerated Plaintiff Moonin as the source of
the media story disparaging the department. Sgt. Zeil’s intimidating behavior
towards Plaintiff Moonin permeated with the other officer and as Sgt. Zeil was well
aware, officers now distrusted Plaintiff Moonin and would isolate him and fail to
have his back in dangerous situations. Further, Sgt. Zeil forced Plaintiff Moonin to
stop a vehicle probably containing a high profile suspect transporting substantial
drugs without unit backup.
477. Troopers Ervin Raab and Ben Leonard physically approached Plaintiff
Moonin while alone in a room and menacingly approached Plaintiff Moonin causing
Plaintiff Moonin to fear for his physical safety. Although no physical contact
occurred, the Troopers threats caused Plaintiff Moonin to remain in fear at all times
the Troopers were present.
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478. The severe isolation and hostility caused and facilitated by NHP and NHP
Command placed Plaintiff Moonin, as an officer routinely acting in dangerous
situations with criminals, in physical jeopardy. Such specific actions include, but are
not limited to, Sgt. Lewis claiming Plaintiffs illegally planted drugs, Deputy Tice’s
explicit threats, Lt. Haycox setting Plaintiff “up” and Colonel Perry overt hostility.
479. Each acting Defendant was acting unreasonably and as a reasonable official
knew their actions were unlawful.
480. As city and state police departments, working together with state and city law
enforcement officers and employees, all acting Defendants were acting under color
of state law.
481. As a direct and proximate result of Defendants’ improper actions, Plaintiffs
suffered damages in excess of $2,000,000.00.
482. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
EIGHTH CLAIM FOR RELIEF
(Slander/Defamation)
Against Sgt. Lewis, Lt. Stewart, Deputy Chief Tice, Col. Perry
483. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
484. Colonel Perry made a false statement of fact that Sgt. Yarnall had been sued
repeatedly for excessive force and civil rights violations during Sgt. Yarnall’s tenure
as Chief K9 Trainer for the Los Angeles Police Department (LAPD).
485. Colonel Perry made this false statement to Director Hafen who then launched
an investigation sharing the false statement with other officers including, but not
limited to, Deputy Chief Gagnon.
486. Colonel Perry made this false statement with either knowledge of their falsity
or with reckless disregard of their truth or falsity.
487. Since Colonel Perry’s defamatory communication imputed Sgt. Yarnall’s
business reputation and could have injured his business, Colonel Perry’s false
statements constitute defamation per se and damages are presumed.
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488. Sgt. Lewis made a false statement of fact that Sgt. Yarnall and Plaintiff Lee
were planting drugs in citizen’s cars during traffic stops in order to gain K9 positive
alerts.
489. Sgt. Lewis made this false statement to Deputy Chief Gagnon who then
launched an investigation which most likely resulted false statement being shared
with other officers.
490. Sgt. Lewis made this false statement with either knowledge of their falsity or
with reckless disregard of their truth or falsity.
491. Since Sgt. Lewis’ defamatory communication imputed Sgt. Yarnall’s
business reputation and could have injured his business, and challenged Plaintiff
Lee’s lack of fitness as a K9 Handler, Sgt. Lewis’ false statements constitute
defamation per se and damages are presumed.
492. Lt. Peterson made false statement of fact that Plaintiff Moonin’s K9 dog
“Teko” had no role in the seizure of the money and drugs in a specific case.
493. Lt. Peterson initiated and promoted this false statement of fact throughout the
department.
494. Lt. Peterson made this false statement with either knowledge of its falsity or
with reckless disregard of its truth or falsity.
495. Since Lt. Peterson’s defamatory communication challenged Plaintiff
Moonin’s lack of fitness as a K9 Handler, Colonel Perry’s false statements constitute
defamation per se and damages are presumed.
496. Lt. Stewart made a false statement of fact that Sgt. Yarnall was
impersonating an NHP Trooper, driving around NHP in a marked patrol vehicle
dressed in a NHP Trooper uniform. Lt. Stewart’s Sgt. Lewis
497. Lt. Stewart made this false statement to Major Sanchez who then launched an
investigation which most likely resulted in the false statement being shared with
other officers.
498. Lt. Stewart made this false statement with either knowledge of its falsity or
with reckless disregard of its truth or falsity.
499. Since Lt. Stewart’s defamatory communication imputed Sgt. Yarnall’s
overall fitness, undermined his business reputation and could have injured his
business, Lt. Stewart’s false statements constitute defamation per se and damages are
presumed.
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500. Deputy Chief Tice made a false statement of fact that Plaintiffs, as K9 staff
members, were materially identically to a group of officers who had been convicted
of unprovoked shootings, attempted murders, drug dealing, beatings, bank robberies,
falsifying evidence against citizens, stealing evidence and lying to cover up their
crimes.
501. Deputy Chief Tice made this false statement Alan Davidson, NVDPS Public
Information Officer and made materially similar statements to Trooper Davidson.
502. Deputy Chief Tice made this false statement with either knowledge of its
falsity or with reckless disregard of its truth or falsity.
503. Since Deputy Chief Tice’s defamatory communication imputed Plaintiffs’
fitness as officers and K9 handlers and trainers, and undermined their professional
reputations, Deputy Chief Tice’s false statements constitute defamation per se and
damages are presumed.
504. Colonel Perry and NHP Command made a false statement of fact that
Plaintiff Moonin was the media source for the news reports disparaging NHP.
505. Colonel Perry initiated and promoted this false statement of fact throughout
the department.
506. Colonel Perry made this false statement with either knowledge of its falsity
or with reckless disregard of its truth or falsity.
507. Since Colonel Perry’s defamatory communication imputed Plaintiff
Moonin’s reputation and fitness as an officer, Colonel Perry’s false statements
constitute defamation per se and damages are presumed.
508. As a direct and proximate result of Defendants’ defamation, Plaintiffs
suffered damages in excess of $2,000,000.00.
509. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
NINTH CLAIM FOR RELIEF
(Failure to Train, 42 U.S.C.A. § 1983)
Against NHP, LVMPD and Sheriff Gillespie
510. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
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511. LVMPD officially implemented, perpetuated and maintained a K9 training
program through trainer Mel English which was deficient, substandard and directly
caused widespread, unconstitutional searches.
512. NHP possessed full knowledge that LVMPD’s training program caused
unconstitutional searches yet NHP Command officially decided to relocate K9
training to the LVMPD program; NHP’s decision moved K9 training out of the
training program established under Sgt. Yarnall, which had been repeatedly proven
as beyond approach and constitutionally sound, to a training program proven
ineffective, repeatedly questioned and challenged.
513. LVMPD knew their training program was resulting in widespread, routine
unconstitutional searches yet took no action. Numerous, credible complaints were
made to LVMPD supervisors and LVMPD supervisors personally witnessed
unconstitutional searches; yet LVMPD took no action.
514. NHP received numerous, credible complaints that unconstitutional searches
and behaviors were occurring yet took no action. NHP knew the LVMPD training
program failed to afford proper constitutional protections yet chose to relocate NHP
K9 training to the LVMPD program.
515. The need for more or different training was obvious to NHP and LVMPD as
both entities possessed strong and irrefutable evidence that the current training was
resulting in widespread, constitutional violations. NHP and LVMPD’s failure to act
constitutes deliberate indifference.
516. LVMPD and NHP acting with state and city officers were acting under color
of state law.
517. As a direct and proximate result of Defendants’ improper actions, Plaintiffs
suffered damages in excess of $2,000,000.00.
518. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
TENTH CLAIM FOR RELIEF
(Trespass)
Against Sgt. Zapata and NHP
519. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
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520. On October 26th, 2011, Sgt. Zapata intentionally and without authority,
entered Plaintiff Lee’s personal land. Plaintiff Lee repeatedly informed Sgt. Zapata
he refused consent for Sgt. Zapata to be on his land to remove the kennel, yet Sgt.
Zapata continued entering Plaintiff Lee’s land.
521. On October 26, 2011, NHP officers intentionally and without authority
entered Plaintiff Lee’s personal land. Plaintiff Lee repeatedly informed all NHP
officers present consent was refused; yet the officers continued in entering Plaintiff
Lee’s personal land to remove the kennel.
522. Sgt. Zapata and NHP officers were acting in bad faith knowing they were
illegally trespassing.
523. As a direct and proximate result of Defendants’ trespass, Plaintiff Lee
suffered damages in excess of $2,000,000.00.
524. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
ELEVENTH CLAIM FOR RELIEF
(Fraud)
525. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
526. On Sgt. Yarnall’s last day under his employment contract, December 31,
2010, upon inquiring about his renewal/extension, Sgt. Yarnall was explicitly told by
Lt. O’Rourke the renewal/extension was waiting for Director Perry’s approval.
527. On January 1st, 2011, Colonel Perry assumed the position of Deputy
Director. (now referred to as “Director Perry.”).
528. Beginning on January 1st, 2011, and continuing until Sgt. Yarnall’s
employment was formally terminated, Lt. O’Rourke made material false
representations to Sgt. Yarnall regarding his employment contract. Lt. O’Rourke
maliciously informed Sgt. Yarnall his new employment contract would be timely
executed and signed by Colonel Perry. Lt. O’Rourke repeatedly quoted statistics
showing the huge success of the K9 Program explicitly informing Sgt. Yarnall that
his employment contract renewal would be executed soon.
529. At the end of March of 2011, Lt. O’Rourke informed Sgt. Yarnall that
Director Perry had personally decided not to renew his contract.
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530. Lt. O’Rourke knew or should have known his repeated guarantees regarding
contract execution were false.
531. Lt. O’Rourke made such false assertions in order to fraudulently induce Sgt.
Yarnall to remain working and traveling to further the scheduled handler training.
532. Sgt. Yarnall reasonably relied on Lt. O’Rourke’s false representations that an
employment renewal would be executed causing Sgt. Yarnall to continue working
without a salary and traveling at his own, personal expense.
533. Due to Defendant’s multiple, fraudulent misrepresentations and Sgt.
Yarnall’s reasonable reliance, Sgt. Yarnall suffered significant damages including,
but not limited to, losing over $63,751.50 in earned and rightful compensation.......
534. Lt. O’Rourke’s misrepresentations were made in bad faith, intentional and
malicious supporting an award of punitive damages.
535. As a direct and proximate result of Lt. O’Rourke’s fraudulent
misrepresentations, Sgt. Yarnall suffered damages in excess of $2,000,000.00.
536. It has been necessary for Plaintiffs to incur costs and to retain counsel in
order to prosecute this action.
TWELFTH CLAIM FOR RELIEF
(Unjust Enrichment)
537. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
538. A significant benefit was conferred on NHP by receiving Sgt. Yarnall’s
services, skills and expertise for zero salary.
539. NHP fully appreciated such benefit and acted in bad faith.
540. It would be inequitable for NHP to retain such benefit without payment of
Sgt. Yarnall’s agreed upon salary and reimbursement for his travel expenditures.
THIRTEENTH CLAIM FOR RELIEF
(18 U.S.C.A. § 1962 - RICO)
541. Plaintiffs reallege and reincorporate each and every allegation set forth
above.
542. All named Defendants are associated in fact thereby creating an enterprise as
defined under 18 U.S.C.A. § 1961.
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543. The actions assumed and taken by all named Defendants constitutes a pattern
of racketeering as defined under 18 U.S.C.A. § 1961 since all acts were part of the
routine and regular way in which K9 training and operation within law enforcement
was conducted. Specifically in that, they conspired and cooperated in sub-standard
training and “cueing” training tactics which knowingly allowed and condoned
officers illegally violating citizens’ constitutional rights and thereby benefitting from
the seizure of property and money as well as obtaining federal funds for the
interdiction program.
544. The threat of future criminal conduct by all named Defendants is high since
they have developed a pattern and practice and K9 training program which trains the
dogs to illegally cue falsely, as conditioned by the handlers techniques and thereby
creating a program which is inherently criminal.
545. Defendants worked in concert to further this criminal conspiracy which
Plaintiffs objected to and refused to participate in, through the use of wire
communications constituting a RICO violation under 18 U.S.C.A. § 1343.
546. Defendants worked together to intimidate and coerce Plaintiffs to participate
in the extorting of property and funds that were illegally obtained, thereby
constituting a RICO violation under. 18 U.S.C.A. § 1951.
547. Throughout Plaintiffs’ employment, on information and reasonable belief,
Defendants conspired to do acts constituting a pattern of racketeering activity.
548. On information and reasonable belief, Defendants directly and/or indirectly
invested in and/or maintained an interest in and/or participated in an enterprise and
established necessary under 18 U.S.C.A. § 1962.
549. These activities affect interstate commerce as Defendants’ actions routinely
crossed state lines.
550. Plaintiff seek damages and attorney’s fees under 18 USCA § 1961 including,
but not limited to, lost earnings and lost earnings potential.
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WHEREFORE, Plaintiffs prays for relief as follows:
1. For maximum award of compensatory and/or punitive damages available;
2. For an award of economic damages according to proof;
3. For injunctive relief placing Plaintiff in his rightful, employment position.
4. For an award of costs and a reasonable attorney’s fee;
5. And for such other and further relief, including injunctive relief to force the
Defendant to adopt and enforce lawful policies regarding harassment and
discrimination, as the Court or jury may deem proper.
DATED this___26th_____ day of __June_____, 2012.
/S/ KEN MCKENNA Kenneth J. McKenna 544 W. First St. Reno, NV 89503 (775) 329-6373 Attorney for Plaintiffs
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