Dias

Dias v. Elique

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 6, 200604-15290California3,523 words

Opinion

Opinion

I. BACKGROUND

On September 10, 2001, Lieutenant Rochelle Sax told Michael Murray, Deputy Director of Public Safety for the DIAS v. ELIQUE 1355 University of Nevada, Las Vegas, that she suspected Appel- lants had falsified time entries in the Public Safety Depart- ment logbook. The next day, Murray reported the allegations to his superior officer, Chief of Police Jose Elique. On Sep- tember 17, 2001, the matter was referred to the Nevada Attor- ney General’s Office, which is responsible for investigating and prosecuting crimes committed by state employees under Nev. Rev. Stat. § 228.175. On November 27, 2001, the Attor- ney General’s Office arranged to interview Appellants. On April 12, 2002, it sent UNLV a report finding sufficient evi- dence to place Appellants on leave with pay. The next day, UNLV informed Mason that he was being put on administra- tive leave with pay pending conclusion of the Attorney Gen- eral’s investigation. Dias was similarly suspended on April 16.

On May 7, 2002, Appellants jointly filed suit against Appellees in the District Court for Clark County, Nevada. On June 6, Appellees removed the case to federal court. On the same day,…

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