Mark RobisonReno Gazette Journal
A woman who is suing the city of Sparks over allegations that a firefighter knocked her down while she was feeding cats wants to add the two Sparks police officers who initially investigated the incident to her lawsuit.
In a new motion, Maureen Hvegholm claims the officers abused their power by “essentially framing an elderly person to protect (a) fellow City employee.”
The city of Sparks said it planned to oppose the motion.
The initial lawsuit stems from events on Dec. 8, 2022, when Hvegholm, then 84, was feeding feral cats in an alley near a fire station on Victorian Avenue.
She and firefighter Timothy Egan got into an altercation, and surveillance video appears to show Egan using a leg sweep that sent Hvegholm face first into the concrete.
Egan, who was on light duty because of a leg injury, claimed Hvegholm had hit him in the face with a cat food can. He also said he felt scared of Hvegholm because she was rumored to have threatened to shoot fire personnel.
According to an independent investigation authorized by the city, Egan was “untruthful” and used “disproportional force by throwing (her) to the ground.”
Sparks officers’ reports about what happened
Officers Kristopher Postma and Brandon Smith are named in the motion.
According to the investigative report, Postma was viewing surveillance footage shortly after the incident and said, “She hits him in the face with it for sure,” referring to the can. His comments were recorded on his bodycam.
The officers cited Hvegholm for “battery on a protected person” — a firefighter. The gross misdemeanor is punishable by up to 364 days in jail and a $2,000 fine.
The charge was later dropped.
In an interview for the investigative report, Postma gave a different account upon rewatching surveillance footage. He said Hvegholm did not smash Egan in the face and that Egan had used a leg sweep rather than simply pushing her away, as Egan had claimed.
Smith concurred with this new assessment in a separate interview.
Claims of rights violations
Using details from the independent investigation, the new motion says, “Officers made inconsistent and fabricated claims in their reports on the incident involving Hvegholm in their body-worn camera footage, their statements to (the outside investigator), and the reports they filed, violating Hvegholm’s constitutional rights.”
The motion claims that “Postma and Smith conspired to deprive Hvegholm of her constitutional right to due process by framing and charging her for a crime she did not commit.”
It claims they engaged in conspiracy and deliberate fabrication of evidence.
Smith failed to stop the constitutional violations against Hvegholm despite having the opportunity to do so, the motion says, and both officers’ actions “were extreme and outrageous, causing severe emotional distress to Hvegholm.”
The motion to amend also seeks to add as-yet-unnamed defendants “because it has become clear that unknown persons within the City of Sparks conspired with Postma and Smith to deprive Hvegholm of her civil rights.”
Hvegholm’s attorney, Luke Busby, says in the filing that the other Sparks personnel will be added by name when their identities are discovered.
What’s next?
An Aug. 20 hearing date has been set to go over various motions before District Judge Barry Breslow.
The judge will need to decide whether to add the Sparks police officers and anyone else as defendants to Hvegholm’s lawsuit.
Another possible issue to determine is whether Egan’s actions were “in the scope of employment.” If so, the city of Sparks would potentially be on the hook financially; if not, Egan would be, as well as having to pay his own legal fees.
Update on Hvegholm
Hvegholm's daughter, Gayla Ouellette, told the RGJ that her mother had a heart attack in April.
"She suffers enormous pain, and we see a cognitive decline since her assault," Ouellette said. "My brothers and I are so very concerned about her welfare and ability to be on her own. But she really wants to live whatever type of normal life she can while she can."
Ouellette thinks her mother will need specialized care in the near future. A GoFundMe has been set up for her titled "Justice for Maureen."
"My brothers and I all take turns going over to her home to assist her daily so she can have some independence," Ouellette said. "And, yes, we help her feed the cats."
Mark Robison is the state politics reporter for the Reno Gazette Journal, with occasional forays into other topics. Email comments to mrobison@rgj.com or comment on Mark’s Greater Reno Facebook page.
