Las Vegas police crash in Arizona prompts lawsuit

An Arizona man has sued a Las Vegas police officer who rear-ended him this year while driving a patrol vehicle in Bullhead City.

Andrew Mack, 41, filed the lawsuit July 13 in Clark County District Court against officer Stephen Ouellett and the Metropolitan Police Department, but the defendants removed the case to federal court this week.

According to the complaint, which alleges negligence and a civil rights violation, the defendants and their officers "tolerate and ratify the practice of leaving their jurisdiction during working hours using public equipment for various unknown reasons" and of "using electronic equipment, including phones and computers, while operating a motor vehicle."

Metro spokesman Jesse Roybal declined comment on the allegations "due to the pending litigation." In an email, he said Ouellett has been employed by the department since August 1995.

Records show that Bullhead City police cited Ouellett, 53, for speeding after the February collision. A spokeswoman at Bullhead City Municipal Court said the case was dismissed April 23 after Ouellett completed defensive driving school.

Las Vegas attorney Melvin Grimes, who represents Mack, said he does not know why Ouellett was in Bullhead City the night of the crash. Ouellett is assigned to Laughlin, and Grimes said Metro officers in the border community regularly travel into Arizona.

"We're not claiming he was doing anything nefarious by being over there," the lawyer said.

In 2011, two Metro officers were disciplined after they were stopped by Arizona authorities in Dolan Springs, Ariz. The on-duty officers were speeding on a road to the Grand Canyon Skywalk. They were not cited.

The two Metro officers were assigned to the Enterprise Area Command, near the south end of the Strip. Ray Flynn, an assistant sheriff at the time, said an investigation of the incident branched out into the entire Enterprise Area Command and determined that such behavior was not widespread.

Attorney Craig Anderson, who represents the defendants in the case filed by Mack, and Roybal both declined to comment on whether Ouellett has been disciplined by the department.

"That information's not in my possession yet," Anderson said.

According to accident reports, Mack's vehicle was one of several that were stopped on Bullhead Parkway while police investigated a Feb. 23 accident involving a burro. Around 7:40 p.m., Ouellett's marked patrol vehicle struck the rear of Mack's pickup. Ouellett told Bullhead City police he did not have time to stop after he noticed traffic stalled in front of him.

Mack claims injuries to his shoulders, back and neck, and about $20,000 in property damage.

According to the document, Mack's daughter has spina bifida and regularly traveled with her father to Phoenix for medical treatment. Because his vehicle could not be repaired, the complaint alleges, the girl and her mother have been forced to move to Ohio to live with extended family and continue the treatment. The lawsuit seeks $100,000 for loss of consortium.

Anderson said Metro made a "good faith attempt" to settle the matter, which he called "a garden-variety car accident," but Mack rejected the offer.

"Metro believes that this lawsuit as drafted is over-reaching, and therefore it will be filing a motion to dismiss the vast majority of the complaint within the next couple of days," Anderson said Thursday.

Grimes insisted Metro has never made a settlement offer. He said Mack, ground superintendent for the Laughlin Ranch Golf Club, "is not looking to get rich off of this."

"Once you force us to litigate, I'm going to litigate every claim possible, and that's what I've done," the lawyer said.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer