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Smith v. Lopez

United States District Court, D. Nevada

March 28, 2014

Bradley Smith, Plaintiff,
v.
Nestor Lopez; Reginald Winbush; George J. Opfer; Steve Stern; and Gwen Shockley, Defendants.

ORDER

GLORIA M. NAVARRO, Chief District Judge.

This civil rights action was initiated by pro se Plaintiff Bradley Smith with the filing of his Complaint before the Court[1]. (ECF No. 1.) Pending before the Court is the Motion to Dismiss (ECF No. 10) filed by Defendants Nestor Lopez, Reginald Winbush, George J. Opfer, Steve Stern, and Gwen Shockley. Plaintiff filed a Response (ECF No. 12), to which Defendants filed a Reply (ECF No. 16), and Plaintiff filed a Sur-Reply (ECF No. 17) without requesting leave of the Court.

I. BACKGROUND

Plaintiff alleges that he was employed by the United States Department of Veterans Affairs Southern Nevada Healthcare System ("VA SNHS") from December 2006 until April 29, 2013, when he resigned. (Compl. 3, ECF No. 1.) Plaintiff's claims arise from events at the VA SNHS North Las Vegas Medical Center campus on August 22, 2012, at which time Plaintiff alleges that "the V.A. Police responded to a workplace disturbance involving [himself] and his immediate Supervisor." ( Id. )

In addition to jurisdiction under 28 U.S.C. § 1343(a)(3) and 42 U.S.C. § 1983, Plaintiff asserts jurisdiction citing the following additional legal authorities:

Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)/Title 42, U.S.C., Section 14141/Title 18, U.S.C., Section 241/Title 18, U.S.C., Section 242/Title 42 U.S.C. 1981/Title 42 U.S.C. 1985/Carlson, 446 U.S. 14 (BIVENS can be used for any Constitutional Violation)/(Gallegos v. Haggerty) "Personally liability for Constitutional Deprivation"/Civil RICO.

( Id. at 3.)

Plaintiff alleges that Defendants were each acting in their individual and official capacity as employees of the United States Department of Veterans Affairs. ( Id. at 2-3.)

Plaintiff brings his claims against Defendants in five counts, described as:

I. Procedural Due Process/Substantive Due Process, The Right to know Opposing Evidence... which could result in a loss of Liberty... or place an individual in a "False Light"
II. Equal Protection Clause/Failure to Keep from Harm (14th Amendment)
III. False Imprisonment/Negligent Confinement, Fourteenth Amendment due process claim rather than a Fourth Amendment unreasonable seizure claim
IV. Liberty - Loss and Depravation of Plaintiff's "Free Will" to respond/address the Constitutional Rights Violations consequential to FOIA withholding violation, Due Process Depravation, and Conspiracy
V. Free Speech/Free Association - Combined as 1st Amendment violation committed in conjunction with event of False ...

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