Mesquite mayor, city council members named in federal suit filed by former police chief

By Dana Gentry

Nevada Current

A federal lawsuit filed against the City of Mesquite by its former chief of police, Maquade Chesley, has been amended to include Mayor Jesse Whipple and City Council members Karen Fielding, Paul Wanlass, and Kevin Parrish. Chesley also added former city manager Edward Owen Dickie and former City Attorney Mike Branum as defendants.

Branum declined to comment on the advice of counsel. The others did not respond.

Chesley was terminated in January by Dickie, who initially cited a vote of no confidence by the Mesquite police union as the reason for Chesley’s firing. He later said Chesley was fired for recording a conversation, which is not illegal in Nevada. Chesley is seeking compensatory and punitive damages.

The city council members, with the exception of Councilwoman Pattie Gallo, voted in March to ratify Chesley’s termination.

Chesley contends he was not afforded the rights guaranteed to police officers under the Nevada Police Officers Bill of RIghts, which calls for investigations of police to be conducted by law enforcement. The city conducted two investigations performed by private contractors.

The divisive and protracted years-long quest to terminate Chesley, a Mesquite police officer since 2007, has resulted in collateral damage in the executive offices of City Hall. In April, the City Council voted to fire Dickie over allegations of racist remarks first reported by the Current, and in May, Branum resigned just hours before the council was slated to review his performance.

In early June, Clark County District Judge Nadia Krall issued contempt of court findings against Branum, the city, and its outside counsel for allowing a council agenda item, labeled an investigation into Chesley’s firing, to go forward.

In an amended complaint, Chesley alleges the city engaged in deceptive trade practices by attempting to settle pending lawsuits without notifying Chesley’s attorney.

“The mayor, Jess Whipple, said he was advised by counsel that he could make an offer to me for up to $100,000,” Chesley said Tuesday, adding the offer “was to settle everything and have me walk away.”

“Defendants’ (sic) are sophisticated parties” who knew Chesley was represented by counsel when they offered to settle his lawsuit, the federal suit alleges. “Plaintiff is represented by counsel in this matter and there is a duty and responsibility to send all communications and settlement offers through counsel.”

Last month, Clark County Judge Timothy Williams issued an order warning the city’s failure to abide by the law, punctuated by efforts to obfuscate facts and conceal evidence, could result in a default judgment against the government. Williams called the city’s actions “egregious and unprecedented in their defiance of judicial authority,” and indicative of a “shocking disregard” for the court, especially from a municipality.

A motion filed Monday seeks to dismiss the federal case against Dickie, Whipple, Fielding, Wanlass, and Parrish, who argue Chesley’s claims against city officials are redundant because he already sued the city, and that all the allegations are based on allegations involving official acts.

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Dana Gentry is a native Las Vegan and award-winning investigative journalist. She is a graduate of Bishop Gorman High School and holds a Bachelor's degree in Communications from the University of Nevada, Las Vegas.