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CONKEY v. RENO

No. CV-N-94-14-ECR.

885 F.Supp. 1389 (1995)

David L. CONKEY, dba Alpha Chemical and Science, David Weller dba Terra Science, Carol Conkey, dba Alpha Chemical Supply, Barney Hopkins, Plaintiffs, v. Janet RENO, Attorney General of the United States, in her official capacity, Robert Bonner, Administrator, Drug Enforcement Administration, U.S. Department of Justice, in his official capacity, George Levigne, Special Agent, Drug Enforcement Administration, in his official capacity and individually, Greg Bratten, Special Agent, Drug Enforcement Administration, and Deputy Sheriff of Washoe County, Nevada, in his official capacity and individually, Paul George, Special Agent, Drug Enforcement Administration, in his official capacity and individually, Peter Johnson, Special Agent, Drug Enforcement Administration, in his official capacity and individually, John E. Coonce, Supervisory Special Agent, Drug Enforcement Administration, in his official capacity and individually, Maria Cartagena, Special Agent, Drug Enforcement Administration, in her official capacity and individually, Dorothy Nash Holmes, District Attorney for Washoe County, Nevada, in her official capacity and individually, Vincent G. Swinney, Sheriff of Washoe County, Nevada, in his official capacity and individually, Paul E. Donald, Hazardous Materials Specialist, District Health Dpt., Washoe County, Nevada, in his official capacity and individually, and Does 1-20, Defendants.

United States District Court, D. Nevada.

May 4, 1995.

Attorney(s) appearing for the Case

Michael Paul Adams, Thomas Steel, Nanci L. Clarence, Stuart Buckley of Steel, Clarence & Buckley, San Francisco, CA, John Oakes, Don Gish, Reno, NV, for plaintiffs.

Melanie Foster, James I. Barnes, Deputy Dist. Attys., Reno, NV, for defendants Vincent G. Swinney, Sheriff of Washoe County, and Paul Donald.

Shirley Smith, Asst. U.S. Atty., Reno, NV, for remaining defendants.

ORDER

EDWARD C. REED, Jr., District Judge.

The federal officials/defendants, all represented by the United States Attorney, move the Court (Doc. # 54) to dismiss plaintiffs' second amended complaint. Although not specifically stated, the basis for the motion to dismiss is for lack of jurisdiction, failure to state a claim and qualified immunity. Plaintiffs oppose the motion to dismiss (Doc. # 58) and defendants reply (Doc. # 61).

STANDARDS...

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