Hillary Schieve GPS Tracking Lawsuit

FILED
Electronically
CV22-02015
2022-12-15 12:35:43 PM
Alicia L. Lerud
1 $1425 Clerk of the Court
Adam Hosmer-Henner (NSBN 12779) Transaction # 9411793 : csulezic
2 Chelsea Latino (NSBN 14227)
Philip Mannelly (NSBN 14236)
3
Jane Susskind (NSBN 15099)
4 McDONALD CARANO LLP
100 West Liberty Street, Tenth Floor
5 Reno, Nevada 89501
Telephone: (775) 788-2000
6 [email protected]
[email protected]
7
[email protected]
8 [email protected]
9 Counsel for Hillary Schieve
10 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
11 IN AND FOR THE COUNTY OF WASHOE
12
13 HILLARY SCHIEVE, an individual, Case No.:
14 Plaintiff, Dept. No.

15 v.
16 DAVID MCNEELY, an individual, 5

ALPHA INDUSTRIES, LLC, a Nevada
17 limited-liability company, and DOES 1
through X and ROES 1 through X, inclusive,
18
Defendants.
19 /
20
COMPLAINT
21 (Jury Trial Demanded)
(Exempt from Arbitration – N.A.R. 3 – Declaratory Relief, Amount in Controversy)
22
23 Hillary Schieve (“Plaintiff” or “Schieve”) complains and alleges against David McNeely
24 (“McNeely”) and 5 Alpha Industries, LLC (“5 Alpha Industries” and collectively “Defendants”)
25 as follows:
26 NATURE OF THE ACTION
27 1. In a time of heightened political tumult, the recent revelation of Defendants’
28 actions still managed to shock the conscience. Private investigator David McNeely, at the request
1 of a presently unidentified third party, surreptitiously installed a sophisticated GPS tracking device
2 on the personal vehicle of Schieve, monitoring her every movement.
3 2. Defendants, acting in concert with third parties, trespassed upon Schieve’s private
4 property to install the tracking device and then received minute-by-minute updates of her location,
5 in a continuous violation of her privacy. By tracking her, Defendants exposed Schieve to an
6 unjustified and unwarranted risk of harassment, stalking, and bodily harm.
7 3. The GPS tracking device was only discovered by chance when a mechanic noticed
8 it while working on Schieve’s personal vehicle.
9 4. Upon information and belief, Defendants not only installed GPS tracking devices
10 on Schieve’s vehicle, but also installed similar tracking devices on the vehicles of multiple other
11 prominent community members.
12 PARTIES
13 5. Schieve is an individual who is a resident of Washoe County, Nevada and the duly
14 elected mayor of the City of Reno. Schieve has been elected as Reno’s Mayor three times, most
15 recently in 2022.
16 6. Defendant McNeely is an individual who works as a private investigator and is a
17 resident of Washoe County, Nevada.
18 7. 5 Alpha Industries is a Nevada company that is registered to do business in Nevada
19 as a domestic limited-liability company. Its registered agent is located at 2115 Parkway Drive,
20 Reno, Nevada 89502.
21 8. There are other persons or entities, whether individuals, corporations, associations,
22 or otherwise, who are legally responsible for the acts, omissions, circumstances, happenings,
23 and/or the damages or other relief requested by this Complaint. The true names and capacities of
24 Does 1 through 10 and Roe Entities 11 through 20, inclusive, are currently unknown to Plaintiff,
25 who sues those defendants by such fictitious names. Plaintiff intends to amend this Complaint to
26 insert the proper names of the Doe and Roe defendants when such names and capacities become
27 known to Plaintiff.
28 //
2
1 JURISDICTION AND VENUE
2 9. This Court has jurisdiction over this action because the events giving rise to this
3 action occurred in Washoe County, Nevada, and Schieve seeks recovery of damages in excess of
4 $15,000.
5 10. Venue is proper in this Court under NRS 13.010.
6 GENERAL ALLEGATIONS
7 11. McNeely and 5 Alpha Industries, acting on behalf of a presently unidentified third
8 party, trespassed on Schieve’s private property in order to install a sophisticated GPS tracking
9 device on her personal vehicle, without her consent or knowledge.
10 12. The GPS tracking device transmitted constant signals of Schieve’s exact location,
11 regardless of whether the vehicle was on public or private property.
12 13. This information was used, upon information and belief, to photograph and surveil
13 Schieve.
14 14. The United States Supreme Court held that the “Government’s installation of a
15 GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements,
16 constitutes a ‘search.’” United States v. Jones, 565 U.S. 400, 404 (2012) (five Justices concluding
17 that privacy concerns would be raised by GPS tracking).
18 15. The District of Nevada explicitly held that the installation of a GPS tracker
19 implicates the tort of invasion of privacy. Ringelberg v. Vanguard Integrity Pros.-Nevada, Inc.,
20 No. 217CV01788JADPAL, 2018 WL 6308737, at *8–9 (D. Nev. Dec. 3, 2018). In Ringelberg,
21 the plaintiff pleaded a claim for invasion of privacy based on allegations that, among other things,
22 a tracking device was placed on his car. Id. The district court rejected the defense’s argument that
23 plaintiff “had no reasonable expectation of privacy on the public or private streets he traveled or
24 in his driveway” and held that there was no basis to grant summary judgment against plaintiff on
25 the privacy claim. Id.
26 16. The tracking and surveillance of Schieve caused her, as it would cause any
27 reasonable person, significant fear and distress.
28 17. Based on the foregoing facts, Schieve is entitled to the relief set forth below.
3
1 FIRST CAUSE OF ACTION
2 (Invasion of Privacy – Intrusion upon Seclusion)
3 18. Plaintiff incorporates the allegations contained in the preceding and following
4 paragraphs as if set forth verbatim herein.
5 19. Plaintiff had an objective and subjective expectation of privacy in the information
6 obtained by Defendants, including in her location and in the movement of her personal vehicle.
7 20. Plaintiff did not consent to Defendants’ actions.
8 21. Defendants’ disclosure of the private information obtained from the GPS tracking
9 device was offensive and objectionable to a reasonable person.
10 22. The disclosed information was not public and was not capable of determination
11 from public sources.
12 23. As a direct and proximate result of Defendants’ actions, Plaintiff has been damaged
13 in excess of $15,000.00 and has suffered anguish and distress. Defendants’ actions entailed
14 oppression, fraud, or malice warranting the imposition of exemplary and punitive damages.
15 24. It has been necessary for Plaintiff to retain attorneys to bring this Complaint.
16 Accordingly, Plaintiff is entitled to recover her reasonable attorney’s fees and costs incurred
17 herein.
18 SECOND CAUSE OF ACTION
19 (Invasion of Privacy – Public Disclosure of Private Facts)
22 26. Plaintiff had an objective and subjective expectation of privacy in the information
23 obtained by Defendants, including in her location and in the movement of her personal vehicle.
25 28. Defendants published private information about Plaintiff.
26 29. No legitimate public interest was served by having these private facts disclosed.
27 30. Defendants’ disclosure of the private information obtained from the GPS tracking
28 device was offensive and objectionable to a reasonable person.
4
1 31. The disclosed information was not public and was not capable of determination
2 from public sources.
3 32. As a direct and proximate result of Defendants’ actions, Plaintiff has been damaged
4 in excess of $15,000.00 and has suffered anguish and distress. Defendants’ actions entailed
5 oppression, fraud, or malice warranting the imposition of exemplary and punitive damages.
7 Accordingly, Plaintiff is entitled to recover her reasonable attorney’s fees and costs incurred
8 herein.
9 THIRD CAUSE OF ACTION
10 (Violation of NRS Chapter 200, Anti-Doxxing)
13 35. Defendants obtained and disseminated personal identifying information and
14 sensitive information about Plaintiff in violation of NRS Chapter 200 and AB 296 (2021).
16 37. Defendants intended to cause harm to Plaintiff and knew or recklessly disregarded
17 the reasonable likelihood that the dissemination of Plaintiff’s location could lead to death, bodily
18 injury, harassment, stalking, financial loss, or a substantial life disruption.
19 38. The dissemination of the information obtained by Plaintiff would cause a
20 reasonable person to fear death, bodily injury, harassment, stalking, financial loss, or a substantial
21 life disruption.
22 39. The information obtained by Defendants did identify and could be used to identify
23 and track Plaintiff.
24 40. No justification or privilege protects Defendants’ conduct.
25 41. Defendants’ failure to exercise reasonable care was the actual and proximate cause
26 of Plaintiff’s injuries, damages, and losses, which are in excess of $15,000.00.
28 Accordingly, Plaintiff is entitled to recover her reasonable attorney’s fees and costs incurred herein.
5
1 FOURTH CAUSE OF ACTION
2 (Negligence and Negligence Per Se)
5 44. Defendants had a duty to exercise reasonable care in acting as a private investigator
6 in compliance with Nevada law.
7 45. Defendants violated multiple Nevada statutes including NRS 200.575, NRS
8 199.300, and others.
9 46. Defendants are jointly and severally liable to Plaintiff.
10 47. Defendants’ failure to exercise reasonable care was the actual and proximate cause
11 of Plaintiff’s injuries, damages, and losses, which are in excess of $15,000.00.
14 FIFTH CAUSE OF ACTION
15 (Trespass)
18 50. Plaintiff was the lawful owner of her vehicle and the private property on which it
19 was stored.
20 51. Defendants intentionally entered on Plaintiff’s private property to place a GPS
21 tracking device on Plaintiff’s vehicle.
22 52. Defendants caused actual or nominal damage to Plaintiff’s property.
23 53. Defendants’ actions entailed oppression, fraud, or malice warranting the imposition
24 of exemplary and punitive damages.
27 //
28 //
6
1 SIXTH CAUSE OF ACTION
2 (Civil Conspiracy)
5 56. Defendants purposefully and maliciously acted in concert with each other, and with
6 others, to invade the privacy of Plaintiff.
7 57. Defendants purposefully and maliciously intended to harm Plaintiff.
8 58. Through their concerted action, Defendants caused damages to Plaintiff as set forth
9 by all the facts as stated herein.
10 59. Plaintiff has sustained and will continue to suffer damages in excess of $15,000.00
11 as a direct and proximate result of Defendants’ conspiracy.
12 60. Plaintiff is entitled to exemplary and punitive damages as a result of Defendants’
13 oppression, fraud, or malice.
14 SEVENTH CAUSE OF ACTION
15 (Aiding and Abetting)
18 62. Defendants, and each of them, were aware of the conduct against Plaintiff and
19 actively or passively participated in the conduct by aiding one or more of the other named or
20 unnamed Defendants.
21 63. Defendants substantially assisted one another to accomplish the wrongful acts
22 committed against Plaintiff.
23 64. Defendants, and each of them, were aware of the conduct and intentions of the other
24 Defendants.
25 65. Through their concerted action, Defendants caused damages to Plaintiff as set forth
26 by all the facts as stated herein.
27 66. Plaintiff has sustained and will continue to suffer damages in excess of $15,000.00
28 as a direct and proximate result of Defendants’ aiding and abetting.
7
1 67. Plaintiff is entitled to exemplary and punitive damages as a result of Defendants’
2 oppression, fraud, or malice.
3 EIGHTH CAUSE OF ACTION
4 (Declaratory Relief)
7 69. A justiciable controversy exists between Plaintiff and Defendants.
8 70. Plaintiff’s interests are adverse to Defendants’ interests in this dispute and are ripe
9 for judicial determination.
10 71. Plaintiff is entitled to a judicial determination that Defendants’ conduct violates
11 the Nevada statutes identified in this Complaint.
12 //
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8
1 WHEREFORE, Plaintiff requests relief as follows:
2 1. For judgment in favor of Plaintiff and against Defendants;
3 2. For preliminary and permanent injunctive relief and declaratory relief;
4 3. For damages in an amount in excess of $15,000.00 for each cause of action to be
5 determined at trial;
6 4. For exemplary and punitive damages in an amount no less than three times the
7 amount awarded to Plaintiff for compensatory damages;
8 5. For pre-judgment and post-judgment interest as provided by law;
9 6. For an award of attorney’s fees and costs as special damages;
10 7. For an award of Plaintiff’s costs, disbursements, and attorney’s fees incurred in
11 this action; and
12 8. For such other and further relief as the Court may deem just and proper.
13 AFFIRMATION PURSUANT TO NRS 239B.030
14 The undersigned does hereby affirm that this document does not contain the social security
15 number of any person.
16 Dated: December 15, 2022
17 McDONALD CARANO LLP
18
By: /s/ Adam Hosmer-Henner
19
Adam Hosmer-Henner (NSBN 12779)
20 Chelsea Latino (NSBN 14227)
Philip Mannelly (NSBN 14236)
21 Jane Susskind (NSBN 15099)
100 West Liberty Street, Tenth Floor
22 Reno, Nevada 89501
23
Counsel for Hillary Schieve
24
25
26
27
28

Hillary Schieve GPS Tracking Lawsuit

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FILED

9 Counsel for Hillary Schieve

10 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

11 IN AND FOR THE COUNTY OF WASHOE

13 HILLARY SCHIEVE, an individual, Case No.:

14 Plaintiff, Dept. No.

16 DAVID MCNEELY, an individual, 5

26 NATURE OF THE ACTION

27 1. In a time of heightened political tumult, the recent revelation of Defendants’

2 on the personal vehicle of Schieve, monitoring her every movement.

5 in a continuous violation of her privacy. By tracking her, Defendants exposed Schieve to an

6 unjustified and unwarranted risk of harassment, stalking, and bodily harm.

8 it while working on Schieve’s personal vehicle.

11 prominent community members.

16 6. Defendant McNeely is an individual who works as a private investigator and is a

17 resident of Washoe County, Nevada.

18 7. 5 Alpha Industries is a Nevada company that is registered to do business in Nevada

20 Reno, Nevada 89502.

21 8. There are other persons or entities, whether individuals, corporations, associations,

5 10. Venue is proper in this Court under NRS 13.010.

9 device on her personal vehicle, without her consent or knowledge.

11 regardless of whether the vehicle was on public or private property.

17 that privacy concerns would be raised by GPS tracking).

25 the privacy claim. Id.

27 reasonable person, significant fear and distress.

2 (Invasion of Privacy – Intrusion upon Seclusion)

4 paragraphs as if set forth verbatim herein.

7 20. Plaintiff did not consent to Defendants’ actions.

9 device was offensive and objectionable to a reasonable person.

11 from public sources.

18 SECOND CAUSE OF ACTION

19 (Invasion of Privacy – Public Disclosure of Private Facts)

21 paragraphs as if set forth verbatim herein.

24 27. Plaintiff did not consent to Defendants’ actions.

25 28. Defendants published private information about Plaintiff.

28 device was offensive and objectionable to a reasonable person.

2 from public sources.

9 THIRD CAUSE OF ACTION

10 (Violation of NRS Chapter 200, Anti-Doxxing)

12 paragraphs as if set forth verbatim herein.

13 35. Defendants obtained and disseminated personal identifying information and

15 36. Plaintiff did not consent to Defendants’ actions.

18 injury, harassment, stalking, financial loss, or a substantial life disruption.

19 38. The dissemination of the information obtained by Plaintiff would cause a

23 and track Plaintiff.

24 40. No justification or privilege protects Defendants’ conduct.

26 of Plaintiff’s injuries, damages, and losses, which are in excess of $15,000.00.

2 (Negligence and Negligence Per Se)

4 paragraphs as if set forth verbatim herein.

6 in compliance with Nevada law.

8 199.300, and others.

9 46. Defendants are jointly and severally liable to Plaintiff.

11 of Plaintiff’s injuries, damages, and losses, which are in excess of $15,000.00.

14 FIFTH CAUSE OF ACTION

17 paragraphs as if set forth verbatim herein.

20 51. Defendants intentionally entered on Plaintiff’s private property to place a GPS

21 tracking device on Plaintiff’s vehicle.

22 52. Defendants caused actual or nominal damage to Plaintiff’s property.

24 of exemplary and punitive damages.

4 paragraphs as if set forth verbatim herein.

6 others, to invade the privacy of Plaintiff.

7 57. Defendants purposefully and maliciously intended to harm Plaintiff.