United States District Court, D. Nevada
before the court is defendants Jacqueline Bluth and Elissa
Luzaich's motion to dismiss. (ECF No. 21). Plaintiff Will
Sitton filed a response (ECF No. 37), to which defendants
replied (ECF No. 40).
before the court is defendants Franc Cadet, Kelly Camp,
Darren Mecham, Trevor Neville, Lyle Rohan, Andrew Saavedra,
Jared Senior, Leo Sloan, and Theodoros Snowden's
(“the corrections officers”) partial motion to
dismiss. (ECF No. 24). Plaintiff filed a response (ECF No.
38), to which defendants replied (ECF No. 39).
before the court is defendant David Ferrara's first
motion to dismiss. (ECF No. 28). Plaintiff filed a response
(ECF No. 41), to which defendant replied (ECF No. 44).
before the court is defendant Ferrara's second motion to
dismiss. (ECF No. 42). Plaintiff filed a response (ECF No.
52), to which defendant replied (ECF No. 58).
before the court is defendant NaphCare Medical's
(‘NaphCare”) motion to dismiss. (ECF No. 74).
Plaintiff filed a response (ECF No. 82), to which defendant
replied (ECF No. 86).
before the court is plaintiff's motion to extend time to
file a response to defendant NaphCare's motion to
dismiss. (ECF No. 81).
before the court is plaintiff's motion for
reconsideration. (ECF No. 98). Defendant Farrara filed a
response (ECF No. 101), to which plaintiff replied (ECF No.
before the court is defendant Las Vegas Review Journal's
(“LVRJ”) motion to dismiss. (ECF No. 104).
Plaintiff filed a response (ECF No. 110), to which LVRJ
replied (ECF No. 111).
following is an abridged summary of the counts in
plaintiff's complaint that survived screening.
alleges that officer Neville classified plaintiff, a pretrial
detainee, as “max status” to punish plaintiff.
(ECF No. 13 at 20). Under this classification, jail officials
confined plaintiff to his cell for 23 hours a day on weekdays
and 24 hours a day on weekends, denied plaintiff all
programs, restricted plaintiff's television viewing
options, restricted visitation, and restricted commissary.
Id. At the time the complaint was filed, plaintiff
had been in solitary maximum lock up for over 730 days.
Baker required max-status prisoners to wear full restraints
at all times when not in their cells. Id. at 21. Due
to this punitive policy, plaintiff received injuries to his
ankles and wrists. Id. On December 4, 2013, officer
Camp, who had seen plaintiff's injuries, forced plaintiff
to wear restraints despite plaintiff's open wounds.
Id. Officer Mowery also made plaintiff wear
restraints despite plaintiff's wounds. Id.
March 2015, jail officials changed the full restraint
procedure and instead handcuffed prisoners behind their
backs. Id. at 22. Officers created pain with the
handcuffs by cinching down on plaintiff's wrists when
leading him into a cage or room. Id.
8, 2015, officer Mashore and plaintiff disagreed about
plaintiff's tier time. Id. Mashore became
verbally threatening and filed a report which falsely stated
that plaintiff had threatened Mashore. Id. Jail
officials made plaintiff pack up his property to a hospital
isolation ward. Id. Later that day, officer Judd
moved plaintiff back to a max module. Id.
August 18, 2015, after an incident with officer Gardea,
officers Cadet and Saavedra interrogated plaintiff about the
incident. Id. at 28. Saavedra would not permit
plaintiff to press charges against Gardea. Id.
Instead, Saavedra wrote plaintiff up and used the false
details that Gardea had given Saavedra. Id. Sands
and Dumer, officers on the conduct adjustment board
(“CAB”), went to plaintiff's cell, did not
conduct a hearing, did not want to know who plaintiff's
witness was, and walked away. Id. A week later,
Sands and Dumer mailed plaintiff a letter sanctioning
plaintiff to 60 days confinement which prohibited commissary
and visitation. Id. This sanction caused extreme
hardship because jail officials did not serve enough food to
properly feed a inmates. Id. at 23, 28. As a result,
inmates had to supplement their meals by purchasing food from
the commissary. Id. Sands and Dumer's sanctions
caused plaintiff to lose 70 pounds. Id. at 28.
Conditions of confinement
months around June 8, 2015, plaintiff did not have any hot
water or showers to clean himself. (ECF No. 13 at 25).
Plaintiff had to take cold showers because there were no
other options. Id. Additionally, while plaintiff was
on commissary restriction, he lacked adequate nutrition due
to reduced food portions. Id. at 26. Plaintiff
suffered from extreme hunger pains, physical/mental trauma,
and fatigue. Id.
October 31, 2015 through December 1, 2015, only cold air blew
through plaintiff's cell vents. Id. at 37.
Plaintiff repeatedly asked officers and sergeants for heat.
Id. In December, the temperature in the cells was
extremely cold and there was still no heat. Id.
Plaintiff caught colds, his joints hurt, he had a hard time
walking, and could not sleep because of the cold temperature.
Id. Jail officials denied plaintiff's requests
for extra blankets and extra food portions for warmth.
August 18, 2015, Gardea punished plaintiff for complaining
about the lack of medical care he was receiving and about the
loss of tier time. (ECF No. 13 at 27). Gardea's brother
had denied plaintiff's tier time. Id. While
plaintiff was in the day room, Gardea clamped down twice on
plaintiff's handcuffs to cause plaintiff pain and then
clamped down again when plaintiff was in his cell.
Id. Gardea forcibly clamped down and dragged the
cuffs up and down plaintiff's arm which caused severe
injuries such as bruising and swelling to plaintiff's
right arm and wrist. Id. Gardea tried to put
plaintiff's arm through the food slot with the cuffs on
until Gardea's brother told Gardea to stop and take the
cuff off of plaintiff. Id. Jail officials had to
x-ray plaintiff due to the extensive bruising to his right
arm, wrist, and hand. Id.
April 11, 2012, while on tier time, Jane Doe nurse approached
plaintiff but would not apply plaintiff's pain numbing
patch as prescribed. (ECF No. 13 at 38). Jane Doe insulted
plaintiff and was “racially disrespecting”
plaintiff in front of officers Sloan and Rohan who were
black. Id. Due to plaintiff's remarks to Jane
Doe, Sloan ordered plaintiff to lock down. Id. Even
though plaintiff complied, Sloan would not shut
plaintiff's cell door. Id. When plaintiff asked
Sloan to shut his cell door, Sloan refused and looked like he
was going to attack plaintiff causing plaintiff to stand up
ready to defend himself. Id. Rohan ran into the cell
and slammed plaintiff into the corner of the cell and snapped
plaintiff's previously injured neck. Id.
Barrowes refused to permit plaintiff to press charges.
filed complaints against Sloan and Rohan for harassment and
intimidation after they were assigned to plaintiff's
housing module. Id. at 39. When Rohan moved
plaintiff to a different cell, Rohan told plaintiff that he
would give plaintiff a shot “at the title” when
plaintiff was “out in gangster fashion.”
Id. Plaintiff alleges that he has been
“racially prejudiced” by Sloan and Rohan and
treated indifferently by officers Barrowes and Graham through
“racial prejudice.” Id.
February 28, 2013, jail officials were having a “cell
search shakedown” for a weapon in plaintiff's
module. (ECF No. 13 at 40). The SERT team performed the
search and destroyed lots of paper work and personal
property. Id. The SERT officers threatened inmates
with serious injury or death if the inmates failed to comply
and held shotguns at point blank range at the inmates'
plaintiff was cleaning up his cell after the search, a SERT
officer went into plaintiff's cell and told plaintiff to
face the wall hands up. Id. After plaintiff
complied, the officers cuffed plaintiff's hands behind
his back and escorted plaintiff to the recreational yard and
made plaintiff stand with his nose to the wall. Id.
at 40-41. An officer told plaintiff to get down on his knees.
Id. at 41. However, plaintiff could not get down
because of his knee injuries. Id. Mecham tried to
sweep plaintiff's legs out from underneath plaintiff.
Id. Doe officers slammed plaintiff backwards and
injured plaintiff's neck and head. Id. After
plaintiff hit the concrete in handcuffs, Doe officers rolled
plaintiff onto his back and stood on his back. Id.
Another set of Doe officers and Cera cuffed plaintiff's
ankles as tight as they could and stood on plaintiff's
legs and ankles and pushed down. Id. The body weight
caused injury to plaintiff's ankles and knees.
Id. Doe officers and Cera pushed plaintiff's
legs toward his head and caused pain in plaintiff's
knees. Id. at 41-42.
meantime, plaintiff was suffocating from the Doe officers on
his back. Id. at 42. After plaintiff returned to
consciousness from the lack of air, Doe officer put a tazer
in plaintiff's mouth. Id. Mendoza told Doe
officer to push on plaintiff harder and to put the tazer in
plaintiff's mouth. Id. When the officers
stopped, plaintiff's boxers were pulled down to his knees
and the officers laughed at plaintiff as they walked away.
Id. Plaintiff went into convulsions. Id.
Mendoza kicked plaintiff with his boot. Id. at
to plaintiff, the SERT officers had assaulted plaintiff for
“political reasons.” Id. at 43.
Plaintiff requested medical help. Id. Plaintiff
suffered from neck, head, wrist, and ankle injuries, was on