Fleming v. Las Vegas Metropolitan Police Department et al

Filing 29

ORDER Granting 21 Motion for Partial Summary Judgment. Signed by Judge Roger L. Hunt on 4/25/12. (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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***

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WILLIAM FLEMING,

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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, a political subdivision of the )
State of Nevada, et al.,
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Defendants.
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Case No.: 2:11-cv-00131-RLH-VCF
ORDER
(Motion for Partial Judgment on the
Pleadings–#21)

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Before the Court is Defendants Las Vegas Metropolitan Police Department

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(“Metro”) and the Clark County Detention Center’s (“CCDC”) Motion for Partial Judgment on

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the Pleadings (#21, filed Jan. 12, 2012) based on a failure to state a claim. The Court has also

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considered Plaintiff William Fleming’s Opposition (#27, filed Mar. 6). Defendants’ did not file a

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Reply.

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Plaintiff largely does not oppose the Defendants’ motion. Specifically, Plaintiff

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does not oppose the dismissal of the CCDC as a party to the case, the dismissal of his causes of

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action under the Eighth and Fourteenth Amendments, the dismissal of his § 1983 conspiracy

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claim, or the dismissal of his punitive damages request as against Metro. In essence, the only thing

AO 72
(Rev. 8/82)

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Plaintiff addresses is that the dismissal of his punitive damages request should only apply to Metro

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and not the individual Defendants who did not even join this motion. Accordingly, the Court

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grants Metro and the CCDC’s motion with the understanding the dismissal of punitive damages

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applies only to Metro and not the individual officers

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CONCLUSION

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Accordingly, and for good cause appearing,

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IT IS HEREBY ORDERED that Defendants’ Motion for Partial Judgment on the

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Pleadings (#21) is GRANTED.
Dated: April 25, 2012.

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____________________________________
ROGER L. HUNT
United States District Judge

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AO 72
(Rev. 8/82)

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