Mazzeo v. Gibbons, Case No.: 2:08-cv-01387-RLH-PAL.

• Citation: 649 F.Supp.2d 1182
• Decision Date: 29 June 2009
• Docket Number: Case No.: 2:08-cv-01387-RLH-PAL.
• Parties: Chrissy Israel MAZZEO, Plaintiff, v. James Arthur "Jim" GIBBONS; Sigmund "Sig" Rogich; Las Vegas Metropolitan Police Department; Bill Young; Donald J. Campbell; Pennie Mossett-Puhek; Does 1-20, Defendants.
• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada

649 F.Supp.2d 1182

Chrissy Israel MAZZEO, Plaintiff, v. James Arthur "Jim" GIBBONS; Sigmund "Sig" Rogich; Las Vegas Metropolitan Police Department; Bill Young; Donald J. Campbell; Pennie Mossett-Puhek; Does 1-20, Defendants.

Case No.: 2:08-cv-01387-RLH-PAL.

United States District Court, D. Nevada.

June 29, 2009.

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Robert J. Kossack, Kossack Law Offices, Las Vegas, NV, for Plaintiff.

Patricia K. Lundvall, Carla B. Higginbotham, McDonald Carano Wilson LLP, Reno, NV, C. Stanley Hunterton, Hunterton & Associates, Thomas D. Dillard, Olson, Cannon, Gormley & Desruisseaux, Walter R. Cannon, Rawlings Olson Cannon, et al., J. Colby Williams, Campbell & Williams, John B. Marcin, Marcin

Lambirth, P.C., Las Vegas, NV, for Defendants.

ORDER

(Motion to Dismiss-# 13; Motion to Dismiss-# 15; Motion to Dismiss-# 16; Motion to Dismiss-# 17; Motion to Dismiss-# 35; Motion to Amend-# 44)

ROGER L. HUNT, Chief Judge.

In this Order, the Court considers five motions to dismiss filed by Defendant James Arthur Gibbons (# 13), Defendants Las Vegas Metropolitan Police Department ("Metro") and Bill Young (#15), Defendant Pennie Mossett-Puhek (# 16), Defendant Donald Campbell (# 17), and Defendant Sigmund Rogich (#35). The Court also considers Plaintiff Chrissy Israel Mazzeo's Motion to Amend (# 44). In considering these motions, the Court has reviewed the oppositions, replies, joinders, and exhibits submitted by the parties. (See Dkt. ## 18, 34, 36, 47, 49, 50-53, 55, 57-60, 63, 65, 69, 70, & 73.)

BACKGROUND

I. The Incident

On a rainy Friday the 13th in October 2006, Chrissy Israel Mazzeo met up with her friend Pennie Mossett-Puhek to enjoy happy hour at McCormick & Schmick's Seafood Restaurant in Las Vegas. A few hours later, at about 7:45 p.m., Puhek spotted Jim Gibbons in the restaurant. At that time, Gibbons was a United States Congressman and a candidate in the upcoming gubernatorial election. Gibbons was seated at a nearby booth with his campaign manager, Sig Rogich, and two women, Michelle Diegel and Georganne Bradley. Puhek sent Gibbons's table a round of drinks, asking the waitress to tell them it was from her husband Dr. Puhek. Gibbons then invited Puhek and Mazzeo to join them at their table. The two friends agreed and took their seats at the end of Gibbons's table, with Mazzeo seated by Gibbons and Puhek by Rogich.

Mazzeo alleges that Gibbons immediately began making unwelcome advances towards her. She claims that over the course of the next two hours, while everyone in the party drank, Gibbons repeatedly touched her thigh with his hand and wrapped his leg around hers. He purportedly told her how beautiful she was and how bored he was with his marriage. He also allegedly invited her to his hotel room. According to Mazzeo, she tried to move away from Gibbons to avoid his advances without being overtly rude or making a scene. At one point, she complained to Puhek. Puhek told Rogich, and Rogich purportedly told Gibbons to calm down because people were watching his inappropriate behavior.

After a couple of hours in which everyone drank heavily, Mazzeo took out her keys and put them on the table in preparation for leaving. Gibbons went to the restroom, and when he returned, he allegedly shook hands with everyone and handed Mazzeo his business card. Mazzeo then went to the restroom, during which time she alleges Gibbons took her keys from off the table and left the restaurant. When she returned from the restroom, she stayed with the group for another fifteen or twenty minutes before leaving the restaurant.

Mazzeo claims that when she stepped outside the restaurant, she began searching in her purse for her keys. While she stood there, Gibbons purportedly approached her and asked if she was looking for him. She told him she was not, but was looking for her keys. Gibbons allegedly offered to take her to her car and told her not to worry about her keys. Mazzeo then followed Gibbons into a nearby parking garage.

According to Mazzeo, as they were walking past the elevator on the first floor of the parking garage, Gibbons suddenly grabbed her by the arms, holding her tightly by her biceps, and shoved her back ten feet until she was pinned with her back against the wall. Frightened, Mazzeo asked Gibbons what he was doing. Gibbons purportedly squeezed her arms tighter and told her he was going to rape her. He then allegedly told her she could try to run away or let it happen. Mazzeo claims she pled with Gibbons to let her go, but he would not. At that moment, three teenagers ran through the parking garage and Gibbons looked towards them. While Gibbons was distracted, Mazzeo claims she kicked him in the shin, freed herself from his grasp, and ran from the scene.

Mazzeo ran to a nearby hotel and called 911 from her cell phone. She then waited in the lobby for the police to arrive. While waiting, she also called Puhek and told her what happened. Puhek purportedly told her not to call the police, but Mazzeo said she already had. Puhek told her to undo the call because she did not understand the trouble she was getting herself into.

After they hung up, Puhek allegedly told Gibbons, who had returned to the restaurant, what hotel Mazzeo was at. Gibbons purportedly drove to the hotel where Mazzeo was waiting, got out of his car, and approached the door to the lobby. When Mazzeo saw him looking at her through the door, she took off running and tried to run past him. Gibbons grabbed her and told her she would be sorry for calling 911. She freed herself from his grip and ran to a nearby Starbucks. Inside, she called 911 a second time to tell the police her new location. She then took refuge in the women's bathroom.

The 911 operator told her to wait outside for the police to come, so she eventually left the bathroom and went outside. She sat down on a bench in front of Starbucks even though it was raining. According to Mazzeo, she was wet and disheveled by this point, having run several blocks through the rain, and people began to stare at her as she sat there. She decided to move to the nearby Gordon Biersch Brewing Company to get out of the rain and blend in with the crowd. When she arrived at the brewery, Mazzeo first went to the women's bathroom where she tidied her appearance. After that, she called her sister and then called 911 for the third time. The brewery was extremely noisy and by that time it had stopped raining, so she went outside again, sat on a concrete bench, and told the 911 operator her new location. Officers from the Las Vegas Metropolitan Police Department arrived shortly thereafter.

The police took Mazzeo back to McCormick & Schmick's. On the way over, Mazzeo again called her sister. Once Mazzeo and the police arrived at the restaurant, Mazzeo told the police what had happened, and the police purportedly told her that they had to question everybody. Later, Mazzeo's sister arrived and Mazzeo went and waited in her sister's truck.

About an hour later, Officer Ortega allegedly told Mazzeo that Metro had obtained the parking structure surveillance videos and that the videos proved she was telling the truth. He also purportedly told her, however, that they would have to wait to arrest Gibbons. As part of their investigation, Metro officers allegedly photographed two small scratches on Mazzeo's shoulder and back. Mazzeo also claims she had bruises on her upper arms where Gibbons had grabbed her.

II. The Coverup

Rogich allegedly learned of this incident from Puhek shortly after Puhek spoke with Mazzeo on the phone. He in turn allegedly contacted Bill Young, who at the time was the Sheriff of Metro. Young had publicly endorsed Gibbons in the gubernatorial election, and both he and Gibbons employed Rogich as their campaign manager. Rogich and Young purportedly had numerous conversations that night about the incident while the police investigation was ongoing. Mazzeo also alleges that Young contacted Gibbons that night to talk about the investigation.

During the night and into the next day, Puhek allegedly called Mazzeo four times to relay threats from Rogich. Mazzeo claims Puhek told her to drop the charges or she and her baby would be killed. Puhek instructed her to tell the police she did not want to be involved in a three-ring circus. She also told her not to tell the police about their conversation. Initially, Mazzeo refused. But Puhek then allegedly told her to reconsider because she did not understand who she was dealing with.

By Saturday afternoon, Mazzeo told the police she did not want to go forward with the charges. She told them it would become a three-ring circus and she did not want to hurt Gibbons's political career.

Following her conversation with the police, Mazzeo purportedly called Puhek and told her what she had told the police. Puhek then allegedly spoke with Rogich, after which she called Mazzeo back in a panic. She told Mazzeo that she had said the wrong thing to the police. Puhek told her that she needed to tell the police that the whole thing was a misunderstanding and that alcohol was involved. Puhek had her write down with pen and paper exactly what she needed to tell the police.

Puhek also allegedly told Mazzeo that Gibbons's lawyer was drafting a silence form and that he wanted to go over her witness statement with her. She purportedly told Mazzeo that they needed to meet with Gibbons's people. Puhek also admitted that she had been talking to Diegel, one of the women at the table with them in McCormick & Schmick's, and that Diegel was relaying their conversations to Rogich. Gibbons's attorney allegedly drafted witness statements for Puhek, Diegel, and the third woman, Bradley, which they all acknowledged or signed.

Later, when the story hit the news, Puhek again called Mazzeo. Mazzeo claims Puhek told her she needed to sign the silence form or they would cut her arms off. She also told Mazzeo that...