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Murry v. City of North Las Vegas Police Department

United States District Court, D. Nevada

March 30, 2019

PHILLIP MURRY, Plaintiff
v.
CITY OF NORTH LAS VEGAS POLICE DEPARTMENT; SGT. MICHAEL BOOKER; and DOES 1-10, inclusive, Defendants

          ORDER (1) GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND (2) DENYING PLAINTIFF'S OBJECTION TO EVIDENCE [ECF NOS. 29, 53]

          ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE

         Plaintiff Phillip Murry sues defendants North Las Vegas Police Department (NLVPD) and NLVPD Sergeant Michael Booker alleging a variety of civil rights violations and torts stemming from an incident in which Booker shot and detained Murry. The defendants move for summary judgment on all of Murry's claims except for his claim for negligence. Murry opposes and objects to an exhibit attached to the defendants' reply.

         Genuine issues of material fact remain such that a reasonable jury could find in favor of Murry on Claims 1, 2, 5, 6, 8, and 9 and could find that Booker's actions warrant punitive damages for those claims. I therefore deny the defendants' motion for summary judgment on those claims and on punitive damages. However, Murry does not present evidence sufficient to establish that NLVPD had policies or practices that caused the alleged constitutional violations, so I grant summary judgment to the defendants on Claim 4. And Murry's substantive due process claim fails as a matter of law, so I grant summary judgment to the defendants on Claim 3. I also overrule Murry's objection to evidence.

         I. BACKGROUND

         A. Procedural Summary

         Murry filed this civil rights lawsuit seeking compensatory and punitive damages against NLVPD and Booker. He asserts the following claims for relief:

• Claim 1: Unreasonable Search and Seizure-Search and Seizure Without Reasonable Suspicion or Probable Cause against Booker;
• Claim 2: Unreasonable Search and Seizure-Excessive Force against Booker;
• Claim 3: Substantive Due Process against Booker;
• Claim 4: Municipal Liability for Unconstitutional Custom or Policy against NLVPD;
• Claim 5: False Arrest/False Imprisonment against NLVPD and Booker;
• Claim 6: Battery against NLVPD and Booker;
• Claim 7: Negligence against NLVPD and Booker;
• Claim 8: Intentional Infliction of Emotional Distress against NLVPD and Booker;
• Claim 9: Unreasonable Search and Seizure-Excessive Force and Denial of Medical Care against Booker.

         ECF No. 1. Claims 1, 2, 3, 4, and 9 are federal claims brought under 42 U.S.C. § 1983. Claims 5, 6, 7, and 8 are Nevada state law claims. Id.

         The defendants move for summary judgment on all claims except for Claim 7 and on Murry's request for punitive damages. ECF No. 29. Murry opposes the motion and objects to a newspaper article about accidental shootings that the defendants submitted as part of their motion for summary judgment, arguing the article is hearsay. ECF No. 53.

         B. Factual Disputes

         All of Murry's claims depend on at least one of these three factual allegations: (1) that Murry's behavior did not warrant a stop and seizure by Booker, (2) that Booker intentionally shot Murry or recklessly discharged his weapon, and (3) that Booker did not provide immediate medical attention to Murry. The defendants dispute each of these allegations.

         i. Murry's Behavior Leading Up ...


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