Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sitton v. LVMPD

United States District Court, D. Nevada

October 4, 2019

WILL SITTON, Plaintiff,
v.
LVMPD, et al., Defendant.

          ORDER MOTION TO AMEND [ECF NO. 147]

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         Before the court is Plaintiff Will Sitton's Motion for Leave to File First Amended Complaint. (ECF No. 147). Defendants have not filed a response. For the reasons discussed below, Plaintiff's motion is denied.

         BACKGROUND

         On January 10, 2017, Plaintiff filed his original complaint in this case. (ECF No. 1). The Screening Order allowed the following claims to proceed against a total of twenty-eight named defendants: (1) a portion of Count I alleging due process claims against Defendants Neville, Baker, Camp, Mowery, Mashore, Gardea, Cadet, Saavedra, Sands, Dumer; (2) a portion of Count I alleging conditions of confinement claims against Doe officers; (3) a portion of Count I alleging excessive force against Defendant Gardea; (4) a portion of Count II alleging excessive force claims against Defendant Sloan and Rohan; (5) Count III alleging excessive force claims against Defendants Mecham, Cera, and Doe officers; (6) a portion of Count IV alleging excessive force against Defendant Billingsley; (7) Count V alleging mail violations against Defendant Storey; (8) Count VI alleging excessive force claims against Defendant Senior; (9) Count VII alleging excessive force claims against Defendants Snowden and Hines; (10) Count VIII alleging excessive force claims against Defendants Bean, Yuzon, Smith and Doe officers; (11) Count IX alleging deliberate indifference to serious medical needs against NaphCare; and (12) Count X alleging a state law claim against Defendants Ferrera, Juhl, Las Vegas Review Journal, Luzaich, and Bluth. (ECF No. 12). On September 25, 2017, Plaintiff moved the Court to allow Plaintiff's third cause of action alleging excessive force claims to proceed against Defendant Mendoza. (ECF No. 15). The Court granted the motion on October 27, 2017. (ECF No. 16).

         Various motions to dismiss were filed by multiple defendants and on July 30, 2018, the Court dismissed Plaintiff's second, third, fourth, sixth, seventh, eighth, and tenth claims. (ECF No. 114). Plaintiff's ninth claim was partially dismissed. (ECF No. 114). Plaintiff filed a motion for reconsideration to reinstate his seventh and tenth claims. (ECF No. 122). This Court granted, in part, with regards to the seventh claim against Defendants Snowden and Hines, finding that Plaintiff may be able to establish the applicability of the equitable tolling doctrine for the duration of the time spent exhausting his equitable remedies. (ECF No. 133 at 6, 9). The Court denied Plaintiff's motion as to the tenth claim. (ECF No. 133 at 7).

         Plaintiff Sitton now moves to amend his complaint to “adequately reflect the current posture of the claims and parties and eliminate the previously dismissed parties.” (ECF No. 147 at 2).

         The following claims are currently at issue against the following Defendants:

(1) Count One alleging:
a. due process claims against Defendants Neville, Baker, Camp, Mowery, Mashore, Gardea, Cadet, Saavedra, Sands, and Dumer
b. conditions of confinement claims against Doe officers
c. excessive force claims against Defendant Gardea
(2) Count Five - alleging mail violations against Defendant Storey
(3) Count Seven - alleging excessive force against Defendants Hines and Snowden
(4) Count Nine - claims not barred by applicable statute of limitations alleging deliberate indifference to serious medical ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.