Bearden v. City of Boulder City

Gunderson, J.,

concurring:

I concur in the result because, when the police officers undertook to arrest appellant for failure to register as an ex-felon, he could have prevented any injury to himself by informing them that his convictions had been expunged. In my view, our decision should be based on that ground, rather than on the rationale that under NRS 41.034 a false arrest was no tort unless performed with gross negligence.