Bailey et al v. Suey et al

Filing 36

ORDER Denying 18 Motion to Restore Defendants Clark County, Clark County Detention Center, LVMPD. Signed by Judge James C. Mahan on 5/14/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANTHONY BAILEY, et al.,

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Plaintiff,

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vs.

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CLARK COUNTY, et al.,

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Case No. 2:12-cv-01954-JCM-CWH

Defendants.

ORDER

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Plaintiff Anthony Bailey has submitted a motion requiring the court to restore defendants
Clark County and Clark County Detention Center (#18). The court denies this motion.
As a threshold matter, the motion is not signed by all plaintiffs. Plaintiff Bailey cannot

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represent the other plaintiffs. Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962). For that

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reason alone, the court would deny the motion.

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The court dismissed the Clark County Detention Center because it is a building, not an entity

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that is capable of suing or being sued. The mission statement that plaintiff Bailey attached to the

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motion does not create an entity that is capable of suing or being sued.

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The court dismissed Clark County because plaintiffs had not alleged any involvement by the

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county at all. Plaintiff Bailey now claims that Clark County failed to train the “Las Vegas

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Metropolitan Police Department/CCDC,” which plaintiff Bailey styles as a subordinate to Clark

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County. These allegations appear nowhere in the complaint. Furthermore, plaintiffs did not name

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the Las Vegas Metropolitan Police Department as a defendant in this action. Plaintiff Bailey cannot

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now attempt to conflate the Las Vegas Metropolitan Police Department with the Clark County

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Detention Center to try to make the police department a defendant.

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IT IS THEREFORE ORDERED that plaintiff Bailey’s motion requiring the court to restore
defendants Clark County and Clark County Detention Center (#18) is DENIED.
DATED: May 14, 2013.

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_________________________________
JAMES C. MAHAN
United States District Judge

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