Judge dismisses defamation lawsuit against state bar
A federal judge has dismissed the defamation lawsuit filed in 2014 by Las Vegas attorney David Phillips against the State Bar of Nevada.
In a nine-page order filed Thursday, U.S. District Judge James Mahan ruled that Phillips had failed “to state a claim upon which relief can be granted under federal law.”
Phillips, who was representing himself, filed the case in December 2014 and accused the State Bar of leaking confidential information about him to the press. He later added a claim of racial bias.
The attorney, who is black, claimed the “mostly white organization” had shown its racial bias by “picking on attorneys of race and color.”
Also named as defendants were Glenn Machado and Phil Pattee, assistant bar counsel.
“Reading plaintiff’s complaint in the most favorable light, the court finds that plaintiff fails to allege that defendants treated him or any other non-white attorneys — as a protected class — differently from other similarly situated attorneys,” Mahan wrote.
The Las Vegas Review-Journal reported in August 2014 that the State Bar was investigating several grievances against Phillips. Pattee told the newspaper the pending grievances were confidential beyond a general description of the allegations.
Mahan agreed with the defendants’ interpretation of Nevada Supreme Court rules governing the release of information about grievances.
In early February, the State Bar filed a six-count complaint of misconduct against Phillips. One of the counts stems from a grievance filed by Clark County District Judge Elissa Cadish.
Late last month, Phillips filed a new federal lawsuit against the State Bar. The new lawsuit, which has been assigned to U.S. District Judge Gloria Navarro, includes claims of discrimination and retaliation. It also seeks an injunction to stop the organization from conducting any investigations or disciplinary proceedings against him.
Attorney Jerry Donohue is representing Phillips in the new case. Last week, Donohue filed a motion to limit pre-trial publicity in the case.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer
