Buffalo Jim Barrier, owner of Buffalo Jim's Auto & Marine Electric, stands outside his business on May 2, 2000. Barrier says his next-door neighbor Crazy Horse Too is trying to force him to leave. Photo by K.M. Cannon.

A jury will decide whether Las Vegas police unlawfully detained two California residents while investigating the deadly riot that broke out during the 2002 Laughlin River Run, a federal judge has ruled.

The 34-page ruling by U.S. District Judge Roger Hunt, filed Wednesday, allows Robert Garcia and Noi Lewis to proceed with most of the claims in their 2003 lawsuit against the Metropolitan Police Department. The department had asked the judge to decide the case in its favor without a trial.

"I think the judge's order is fair, and the length of the order shows that the court undertook an extensive analysis," said the plaintiffs' attorney, Brent Bryson. "And now it's going to be up to a jury to right the injustice which was perpetrated against my clients."

Attorney Walter Cannon, who represents the Police Department, said he had not seen the judge's decision. Both Cannon and Bryson said the ruling means the case likely will go to trial this year, although no trial date has been set.

Three people were killed when members of the Mongols and Hells Angels motorcycle clubs shot, stabbed and beat each other at Harrah's Laughlin during the annual River Run event.

According to their $2 million lawsuit, Garcia and Lewis are not members of any biker gangs but were detained with others for several hours after the riot. They also claim officer Robert Grabowski subjected them to excessive force.

Garcia claims Grabowski beat his shoulders and back area with a baton. Lewis claims Grabowski forced her to the ground, causing her shirt to come off her shoulder and expose her breasts.

Hunt ruled against Lewis on her claim of excessive force after determining that Grabowski's use of force against her "was reasonable, and at most minimal." The ruling allows Garcia to proceed with his claim of excessive force.

Garcia also claims police denied him medical treatment while he suffered several seizures, including one grand mal seizure. Hunt's ruling allows him to present that claim to a jury.

Additionally, Garcia and Lewis claim the Police Department's failure to take appropriate precautionary measures in preparation for the Laughlin River Run and its failure to train officers properly resulted in the violation of their constitutional rights.

In allowing the pair to proceed with that claim, Hunt wrote, "Plaintiffs have shown that had defendants properly prepared for the event by training their officers in the use of identifying gang members, providing medical attention to those in need, and in the use of excessive force, then the injury to plaintiffs would not have occurred."

CARRI GEER THEVENOT

parking lot dispute continues

If good fences make good neighbors, maybe Buffalo Jim Barrier and those at the Crazy Horse Too need a moat and some alligators between them.

Owner of Buffalo Jim's Auto & Marine Electric on Industrial Road, former pro wrestler Barrier leases property adjacent to the Crazy Horse Too from the club's owner, Rick Rizzolo.

In September, Barrier won cash from the strip club for the fifth time in three years over what has been an ongoing parking lot dispute.

A previous court ruling gave Barrier seven spots in front of his shop in which customers can park.

One summer night last year, a Crazy Horse official had three customers' cars towed from those spots, Barrier said.

"I don't sue about the money," said Barrier, who won $762.55 in this judgment from Las Vegas Justice Court. "It's about the principle. They think they're above the law."

Calls to Crazy Horse attorney Dean Patti were not returned. But according to a previous letter Patti wrote to Barrier's attorney, cars that have not been moved in three days are tagged with a notice. If they are not moved within 24 hours they are then towed.

The Aug. 12, 2004, letter, which applied to another parking dispute, stated the Crazy Horse has changed parking regulations numerous times at Barrier's request.

"It seems rather clear that Mr. Barrier is not looking for a solution to the problem but rather looking for excuses to get into fights with his landlord," the letter stated.

Barrier said he doesn't understand why his customers' cars are towed and believes the club is trying to force him to leave.

Asked why he doesn't move his business elsewhere, Barrier said, "I was here way before them."

He's owned the shop for about 30 years, while Crazy Horse opened about 20 years ago.

K.C. HOWARD Wondering how a local story turned out or what happened to someone in the news? Call the City Desk at 383-0264, and we will try to answer your question in this column.