HERRERA v. LAS VEGAS METROPOLITAN POLICE DEPT.

No. CV-S-01-0826-LRH-PAL.

298 F.Supp.2d 1043 (2004)

Guadalupe HERRERA and Adolfo Cruz in their individual capacities and as Administrators of the Estate of David Herrera, Plaintiffs, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; City of Las Vegas, a political subdivision of the State of Nevada; Sheriff Jerry Keller, individually and in his official capacity as Sheriff of the Las Vegas Metropolitan Police Department, Officers Alfred Woodruff, Won Cho, Eric Heindel, and Sean Malia, individually and in their official capacities as police officers employed by the Las Vegas Metropolitan Police Department, County of Clark, State of Nevada; Sergeant Juanita Goode, individually and in her official capacity as sergeant employed by the Las Vegas Metropolitan Police Department, County of Clark, State of Nevada, John Does 1 through XX, inclusive, Defendants.

United States District Court, D. Nevada.

January 20, 2004.


Attorney(s) appearing for the Case

Daniel Polsenberg, Ike Epstein, Beckley Singleton, Chtd., Las Vegas, NV, Mario Valencia, Mario D. Valencia, Law Office, Henderson, NV, Robert Ackley, Pro Hac Vice Firm, Law Offices of Herbert Hafif, Los Angeles, CA, Trenier Wright, Larry Sackey, Hafif Law Firm, Claremont, CA, for Plaintiffs.

Walter Cannon, Rawlings, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, for Defendants.


ORDER

HICKS, District Judge.

Before the Court is Defendants' Motion for Summary Judgment (Docket No. 35), filed June 3, 2003. Plaintiffs filed an opposition (Docket No. 38), to which Defendants subsequently replied (Docket No. 39). For the reasons stated herein, Defendants' motion is granted in part and denied in part.

BACKGROUND

The facts surrounding this case are largely in dispute. In considering Defendants' motion for summary...

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