United States District Court, D. Nevada
KRISTIN M. TRUEMAN, Plaintiff,
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al. Defendants.
ORDER MOTIONS TO DISMISS [ECF NOS. 25 AND
RICHARD F. BOULWARE, UNITED STATES DISTRICT JUDGE.
the Court are Defendant Ethan Tseu's Motion to Dismiss [
ECF No. 25], and Defendants Las Vegas Metropolitan Police
Department (LVMPD) and former Sheriff Douglas Gillespie's
Motion to Dismiss [ECF No. 34]. The motions are granted for
the reasons stated below.
Kristin Trueman filed her Complaint on September 29, 2015.
[ECF No. 1]. Defendants filed a Motion to Dismiss on November
4, 2015. [ECF No. 6]. Plaintiff filed an Amended Complaint on
March 31, 2016. [ECF No. 19]. The Amended Complaint names
Defendants LVMPD, Douglas Gillespie (former Sheriff of
LVMPD), John Bonaventura (in his individual and official
capacity as former Constable of Las Vegas Township), and
Defendants Louis Toomin, Ethan Tseu, and Keith Gordon. The
Court entered a Scheduling Order on June 8, 2016, with
discovery due by November 21, 2016, and motions due December
20, 2016. [ECF No. 23]. Defendant Ethan Tseu filed a Motion
to Dismiss on June 10, 2016. [ECF No. 25]. Defendants Douglas
Gillespie and LVMPD filed a Motion to Dismiss on August 11,
2016. [ECF No. 34]. The Court held a hearing on the motions
on January 4, 2017.
hearing, the Court granted Plaintiff's oral motion to
dismiss Defendants Ethan Tseu, Keith Gordon, and John
Bonaventura from the case; therefore, Defendant Tseu's
Motion to Dismiss is GRANTED. [ECF No. 25]. Furthermore,
Plaintiff did not oppose the Motion to Dismiss Sheriff
Gillespie, in his official capacity, from the lawsuit.
Therefore, Motion to Dismiss [ECF No. 34] is GRANTED as to
Sheriff Gillespie. Finally, according to the Joint Interim
Status Report filed on September 26, 2016, Defendant Louis
Toomins is to be dismissed voluntarily from the case. [ECF
No. 37]. The Court therefore dismisses Defendant Toomins from
Amended Complaint asserts the following causes of action
against Defendants: wrongful eviction, Fourth and Fourteenth
Amendment Claims under 42 U.S.C. 1983, Conversion, Negligent
Infliction of Emotional Distress (NIED), Intentional
Infliction of Emotional Distress (IIED), and Negligence.
Amended Complaint alleges the following facts: On November 1,
2013, nonparty Dr. Randy Le entered into a one-year
residential lease agreement with both Trueman and her
fiancé. On August 7, 2014, Homewood Asset Management,
LLC served a five-day notice to pay or quit upon Trueman at
the property. The five-day notice was addressed to Trueman
and her fiancé. On August 20, 2014, Trueman commenced
a bankruptcy proceeding triggering an automatic stay of the
foreclosure. On August 25, 2014, Homewood commenced an
eviction proceeding against Trueman and her fiancé in
the Justice Court (“First Eviction Action”). On
August 27, 2014, the Justice Court entered a summary eviction
order against Ms. Trueman's fiancé. The order
stated that it would expire 30 days after being signed by the
Court, and that if it was not enforced within that time
period, a new Eviction Order must be obtained before the
tenant could be locked out.
September 2, 2014, a notice of pending bankruptcy was filed
by Trueman in the First Eviction Action. After the Justice
Court entered an order for summary eviction in the First
Eviction Action, on or about September 2, 2014, Constable
officers visited the property in an attempt to have Trueman
and her family removed from the premises. Trueman's
fiancé advised the representative that Trueman had
filed for bankruptcy, and a constable arrived shortly
thereafter. After the constable verified that Trueman had
filed for bankruptcy protection, the constable departed.
after this attempt, Dr. Le retained an attorney to obtain
relief from the bankruptcy stay on the order of eviction. On
October 23, 2014, Dr. Le commenced another eviction
proceeding against Trueman in the Justice Court
(“Second Eviction Action”). On October 28, 2014,
the Justice Court in the Second Eviction Action denied Dr.
Le's request for summary eviction of Trueman from the
morning of November 4, 2014, Doe Constable Officers,
including Defendants Toomins, Gordon, and Tseu, and Doe LVMPD
Officers, caused Trueman to be evicted from the property,
along with the other occupants of the residence, including
Trueman's three-month-old and three-year-old children,
her fiancé, her future mother in law, and other family
members. As of November 4, 2014, no order had been obtained
from the Justice Court authorizing the eviction.
Trueman's fiancé confronted Doe Constable Officers
with the fact that they had no order from the Justice Court,
the officers called Doe LVMPD Officers to the property to
remove Trueman and her family under threat of physical force.
Despite the absence of a valid eviction order from the
Justice Court, Defendants carried out an eviction of Trueman
and lockout from the premises on November 4, 2014. As a
result of the eviction, Trueman suffered extreme mental and