Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sandoval v. Las Vegas Metro. Police Dep't.

United States Court of Appeals, Ninth Circuit

July 1, 2014

JESUS RODRIGUEZ SANDOVAL; ADRIANA RODRIGUEZ, individually and as Guardian Ad Litem for Kenya Rodriguez, a Minor; HENRY BRIAN RODRIGUEZ; MARTHA LEAL, as Guardian Ad Litem for Jordhy Leal, a Minor; MONICA MORENO, as Guardian Ad Litem for David Madueno, a Minor, Plaintiffs-Appellants,
v.
LAS VEGAS METROPOLITAN POLICE DEPARTMENT; CLARK COUNTY, NEVADA; JAY R. ROBERTS, Sgt.; MICHAEL DUNN, Officer; CHRISTOPHER G. KOHNTOPP, Officer; JUSTIN BYERS, Officer; TROY GIVENS, Officer, Defendants-Appellees

Argued and Submitted October 17, 2013, San Francisco, California

Petition for certiorari filed at, 11/06/2014

Page 1155

[Copyrighted Material Omitted]

Page 1156

[Copyrighted Material Omitted]

Page 1157

Appeal from the United States District Court for the District of Nevada. D.C. No. 2:10-cv-01196-RCJ-PAL. Robert Clive Jones, Chief District Judge, Presiding.

SUMMARY[**]

Civil Rights

The panel reversed in part and affirmed in part the district court's summary judgment and remanded in an action brought pursuant to 42 U.S.C. § 1983 and Nevada state law alleging that Las Vegas Metropolitan Police officers violated plaintiffs' constitutional rights when they entered, without a warrant, plaintiffs' home looking for intruders, handcuffed and detained the teenage boys inside, and shot and killed the family dog.

Reversing the district court's summary judgment in favor of the police officers, the panel held that taken in the light most favorable to plaintiffs, officers did not have probable cause to enter and search the residence for either evidence of burglary or the lesser offense of prowling. The panel held that police officer Michael Dunn was not entitled to qualified immunity because it was clearly established law as of 2009, that the warrantless search of a dwelling must be supported by either the exigency or the emergency aid exception. The panel further held that officers were not entitled to qualified immunity on plaintiffs' excessive force claim and were not entitled to Nevada statutory immunity on certain state law claims for intentional infliction of emotional distress, assault and battery and false imprisonment.

Affirming the district court's summary judgment in favor of the police officers on plaintiffs' claim for deprivation of familial association, the panel held that a separation between a father and his son for forty minutes did not shock the conscience and that the shooting of the family dog did not fall within the ambit of deprivation of a familial relationship. The panel further determined that there was no evidence of an equal protection violation and that plaintiffs' bare-bones allegations of municipal liability were insufficient.

E. Brent Bryson (argued), Ales & Bryson, Las Vegas, Nevada, for Plaintiffs-Appellants.

Craig R. Anderson (argued) and Joshua L. Benson, Marquis Aurbach Coffing, Las Vegas, Nevada, for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.