Sedgwick

Sedgwick v. City of Henderson

Good Law
1 F. App'x 736
United States Court of Appeals for the Ninth CircuitJanuary 17, 2001No. 99-16071California560 words

Opinion

Lead Opinion

MEMORANDUM *

Vincent John Sedgwick (“Sedgwick”) appeals the adverse summary judgment of his 42 U.S.C. § 1983 action against: (1) the City of Henderson, Nevada (“Henderson”); (2) the Henderson police chief; (3) Henderson police officers; and (4) the inventor and manufacturer of a computer voice stress analyzer (“CVSA”). Because Sedgwick has not shown that the results of the CVSA damaged him in any way, his arguments fail. Sedgwick’s contention that his request for declaratory relief was improperly dismissed fails because the applicability of the relevant Nevada statute was never argued by Henderson.

Nevada Revised Statute 171.106 does not require an investigator’s affidavit for an arrest warrant to issue. Indeed, the affidavit prepared by Officer Lorraine Newman was never presented to the state court that issued Sedgwick’s arrest warrant or any other state court. Furthermore, the criminal complaint filed by the district attorney did not allege the key fact that Sedgwick was allegedly lying about, that Sedgwick had intercourse with the victim. Therefore, any discussion of the CVSA results contained in Officer Lorraine Newman’s affidavit had no impact on Sedgwick’s arrest and…

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