United States District Court, D. Nevada
JASON K. SIMPSON, Plaintiff(s),
S. DEVORE, et al., Defendant(s).
before the court is defendants S. Devore, T. Faller, D.
Hawkins, B. Leblanc, C. Lilienthal, T. Radke, L. Rinette, T.
Schoening, and T. Snodgrass' (collectively,
"defendants") motion for summary judgment. (ECF No.
81). Plaintiff Jason Simpson ("plaintiff) has not filed
a response, and the time to do so has passed.
before the court is defendants' amended motion for
summary judgment. (ECF No. 87). Plaintiff filed a response
(ECF No. 92), to which defendants replied (ECF No. 94).
Plaintiff also filed an unauthorized surreply. (ECF No. 95).
before the court is defendants' motion to strike
plaintiffs surreply. (ECF No. 97). Plaintiff filed a response
(ECF No. 98). Defendants have not filed a reply, and the time
to do so has passed.
before the court is defendants' motion for leave to file
a supplement to their amended motion for summary judgment.
(ECF No. 100). Plaintiff has not filed a response, and the
time to do so has passed.
pro se civil rights action under 42 U.S.C. §
1983 arises from an arrest that occurred in Las Vegas on May
25, 2016. (ECF No. 4). Plaintiff alleges that Las Vegas
Metropolitan Police Department ("LVMPD") officers
violated his Fourth Amendment right to be free from excessive
force in executing his arrest. Id. Plaintiff further
alleges that defendant Snodgrass violated his Fourth
Amendment right to privacy when he allegedly left a search
warrant, an affidavit, and the search warrant return in both
vehicles Simpson drove the night of his arrest. Id.
have provided video evidence that informs the court about
Events leading up to arrest
18, 2016, LVMPD detectives watched a Green BMW run a red
light at a high rate of speed. (ECF No. 87-1 at 65-76). The
detectives attempted to locate the vehicle, and eventually
found it at a Money Tree parking lot. Id. The
detectives activated their lights as they approached the
vehicle to make a stop. Id. As the detectives
approached, a single shot was fired through the back window
of the BMW, after which the vehicle drove over a curb and
sped away. Id.
detectives later learned (and plaintiff admits) that
plaintiff was the driver of the BMW and that he shot through
the back window of the BMW in the direction of the detectives
in an attempt to flee. (ECF No. 87-6 at 9). Accordingly, the
detectives sought a warrant for plaintiffs arrest on May 23,
2016. (ECF No. 87-1 at 65-76).
The arrest incident
assigned plaintiffs arrest to the Major Violator's Unit
because of plaintiff s prior felonies and the severity of the
charged crimes, which included, inter alia,
attempted murder on a public officer, possession of a firearm
by a prohibited person, resisting a public officer with a
firearm, and "offense involving a stolen vehicle."
alleges that on May 25, 2016, he and his girlfriend, Sarah
Crebassa ("Crebassa") had been driving around Las
Vegas in a white Mercedes owned by a third individual.
Id. at 7. Plaintiff alleges that later that day, the
Mercedes was "acting weird," so he met another
female at Green Valley Ranch to exchange the Mercedes for her
silver BMW. Id.
alleges that, throughout the day, he noticed a lot of
"weird" vehicles flashing lights at him, and
suspected that law enforcement was following him.
Id. at 7. However, plaintiff admits he had been
using methamphetamine that day, and wondered if he was being
paranoid because of the methamphetamine or if strange things
were really happening. Id. at 17.
and Crebassa ended up going to the parking garage at the
Suncoast Hotel and Casino. Id. at 9. The detectives
assigned to plaintiffs arrest had been surveilling him
throughout the day and decided that the parking garage would
be a best place to execute the arrest. (ECF No. 87-2 at 71).
detectives were in several vehicles and blocked the exits of
the parking garage so that plaintiff could not escape.
Id. At one point, the detectives were able to
"pin" plaintiff s BMW by parking multiple vehicles
around it, closing off plaintiff s escape path ("jamming
method"). Id. The vehicles were positioned such
that the BMW's doors could not be opened. Id.
Plaintiff put the car in reverse in an attempt to flee, but
one of the detectives' vehicles drove towards him fast,
trapping him. (ECF No. 87-1 at 9). The parties dispute which
party caused a collision between the BMW and the vehicle that
defendant Hawkins was driving. Id. Nevertheless, a
collision occurred, and plaintiff remained immobilized.
plaintiff realized he was trapped, he put the car in park,
turned off the engine, and put his hands in the air.
Id. at 10. Defendant Hawkins got out of his vehicle,
ran to the passenger's side of the vehicle with a
baseball bat, and broke the window to get access to Crebassa
in the back seat. (ECF No. 87-2 at 75). After a verbal
exchange with plaintiff, defendant Ziros broke the
driver's side window so the detectives could extract
plaintiff from the BMW. Id. at 72.
parties dispute what happened next, but the video evidence
lends clarity to the situation. The following facts are
verifiable based on the video evidence as well as the
undisputed portions of the accounts from the parties.
Hawkins, Ziros, and LeBlanc pulled plaintiff from the vehicle
and immediately took him to the ground on his stomach. (ECF
No. 87-7, exh. AA); (ECF No. 87-1 at 13). Once plaintiff was
lying on the ground on his stomach, defendants can be seen
attempting to pull plaintiffs arms out from underneath him.
(ECF No. 87-7, exh. AA). As plaintiff continued to struggle,
defendant Faller admits that he used his foot to pin
plaintiffs thigh to the ground to keep him from kicking. (ECF
No. 87 at 14). Defendant Radke admits he used a single
open-handed strike to gain plaintiffs compliance ...