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Hollis v. North Las Vegas Police Dept.

United States District Court, D. Nevada

February 24, 2017

TERRY HOLLIS, JR., Plaintiff,
v.
NORTH LAS VEGAS POLICE DEPARTMENT, a political subdivision of the State of Nevada; DOE NORTH LAS VEGAS OFFICER I, individually, and, K9 OFFICER PAUL MANTEUFUL#1488, individually; Defendants.

          CAL J. POTTER, III, ESQ., Nevada Bar No. 1988 C.J. POTTER, IV, ESQ. Nevada Bar No. 13225, POTTER LAW OFFICES, Attorneys for Plaintiff

          LEWIS BRISBOIS BISGAARD & SMITH LLP, ROBERT W. FREEMAN, ESQ., Nevada Bar No. 3062 NOEL E. EIDSMORE, ESQ., Attorneys for Defendants.

          STIPULATION AND ORDER TO AMEND COMPLAINT

         IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiff, TERRY HOLLIS by and through his counsel, CAL J. POTTER, III, ESQ. and C. J. POTTER, IV, ESQ., of POTTER LAW OFFICES, and Defendants, NORTH LAS VEGAS POLICE DEPARTMENT and K9 OFFICER PAUL MANTEUFUL, by and through their counsel of record ROBERT W. FREEMAN, JR., ESQ. of LEIS BRISBOIS BISGARD & SMITH, LLP, that Plaintiff's Complaint be amended to primarily address the following:

1. Identify Heath Beudoin as the Doe Officer
2. Add Officer Scarale as another Officer who deployed force upon Mr .Hollis;
3. Changing the claim for damages to “in excess of $75, 000" to comply with the federal jurisdictional requirement.

         A copy of the proposed Amended Complaint is attached hereto (Exhibit 1).

         WHEREFORE, the parties respectfully request that the Court grant this Stipulation to Amend Plaintiffs' Complaint.

         ORDER

         IT IS SO ORDERED.

         February 28, 2017.

         EXHIBIT 1

         PROPOSED AMENDED COMPLAINT FOR DAMAGES (JURY TRIAL DEMANDED)

         COMES NOW, TERRY HOLLIS, JR., by and through his attorneys, CAL J. POTTER, III, ESQ. and C. J. POTTER, IV, ESQ. of POTTER LAW OFFICES, for his Complaint against Defendants, alleges as follows:

         PARTIES

         1. At all relevant times to these proceedings, Plaintiff TERRY HOLLIS, JR. (hereinafter “Mr. Hollis” or “Plaintiff”) was and is a resident of the County of Clark, State of Nevada.

         2. Defendant NORTH LAS VEGAS POLICE DEPARTMENT (“NLVPD”) is a political subdivision of the State of Nevada and employs Defendant Beaudoin, Defendant Manteuful, and Defendant Scarale in this action.

         3. Defendant OFFICER HEATH BEAUDOIN# 1277 at all material times was employed as a North Las Vegas Police Officer, and was acting within the course and scope of that employment and under the color of law. Defendant Beaudoin shot Mr. Hollis with a 40mm projectile at least three times despite the fact that Mr. Hollis was surrendering to the Defendants and walking backwards towards Defendants' with his hands in the air as Defendants directed.

         4. Defendant OFFICER PAUL MANTEUFUL#1488 at all material times was employed as a North Las Vegas Police Officer, and was acting within the course and scope of that employment and under the color of law. Defendant Manteufel set his police dog upon Mr. Hollis, while Mr. Hollis was writhing on the ground in pain after being shot.

         5. Defendant OFFICER JASON SCARALE #1305at all material times was employed as a North Las Vegas Police Officer, and was acting within the course and scope of that employment and under the color of law. After Defendant Beudoin shot Hollis at lease three times and Defendant Manteuful caused his trained dog to attach and bite Hollis, Defendant Scarale then Struck Hollis multiple times with Scarale's hand.

         6. The excessive force of all Defendant officers as set forth herein were at all material times pursuant to the actual customs, policies, practices and procedures of NLVPD.

         7. At all material times, each Defendant acted under color of the laws, statutes, ordinances, and regulations of the State of Nevada.

         GENERAL ALLEGATIONS

         8. Plaintiff realleges each and every paragraph in this Complaint as if fully set forth here.

         9. On September 23, 2014, officers of the NLVPD were dispatched to assist the United States Marshals Service FIST task force in a foot pursuit in the 5400 block of Indian Rose Street ...


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