Bailey v. City of North Las Vegas Police Department et al
Filing
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ORDER Granting 65 Motion for Summary Judgment. Clerk shall enter judgment in favor of Defendants Enriquez and Winfield and against Plaintiff Anthony Bailey. Signed by Judge Philip M. Pro on 4/28/11. (Copies have been distributed pursuant to the NEF - ASB)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANTHONY BAILEY,
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Plaintiff,
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vs.
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CITY OF NORTH LAS VEGAS
POLICE DEPARTMENT, STATE OF )
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NEVADA, OFFICER WINFIELD
#2244, OFFICER SAM ENRIQUEZ
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#1560,
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Defendants.
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2:10-CV-01398-PMP-LRL
ORDER
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Before the Court for consideration is Defendants’ Motion for Summary
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Judgment of Officer Kenneth Winfield and Officer Sam Enriquez (Doc. #65) filed
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April 5, 2011. The motion is fully briefed and the Court finds that Defendants
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Winfield and Enriquez are entitled to the relief requested.
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Specifically, the undisputed facts presented in the record in this case
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demonstrate clearly that Defendant Officers Winfield and Enriquez acted
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constitutionally throughout the incident giving rise to this action. Additionally,
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Defendant Officers Winfield and Enriquez are entitled to qualified immunity thereby
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insulating them from liability for damages because their conduct did not violate
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clearly established statutory or constitutional rights of the Plaintiff. Pearson v.
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Callahan, 129 S.Ct. 808, 815 (U.S. 2009). Moreover, for the reasons set forth in
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Defendants motion, Defendant Officers Winfield and Enriquez are entitled to
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discretionary immunity with respect to Plaintiff’s state law claims.
IT IS THEREFORE ORDERED that Defendants’ Motion for Summary
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Judgment of Officer Kenneth Winfield and Officer Sam Enriquez (Doc. #65) is
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GRANTED.
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IT IS FURTHER ORDERED that judgment shall forthwith be entered
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by the Clerk of Court in favor of Defendants’ Officer Kenneth Winfield and Officer
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Sam Enriquez and against Plaintiff Anthony Bailey.
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DATED: April 28, 2011.
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PHILIP M. PRO
United States District Judge
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