Jackson v. Dutra et al

Filing 94

ORDER - Defendants' petition for rehearing en banc was subsequently denied (ECF No. 79 ), as was their petition for a writ of certiorari before the United States Supreme Court (ECF No. 82 ). It is therefore ordered that this Court' s order granting summary judgment (ECF No. 66 ) and entry of judgment (ECF No. 67 ) are vacated as to the excessive force claims against Dutra and Dejesus. It is further ordered that the parties are directed to file a joint pretrial order within 30 days of the date of entry of this order. Signed by Chief Judge Miranda M. Du on 5/10/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KIM JACKSON,

Case No. 3:20-cv-00288-MMD-CLB

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Plaintiff-Appellant,
v.

Ninth Circuit Court of Appeals No. 22-15622

ORDER

CHRIS DUTRA, et al.,

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Defendants-Appellees.

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The above-entitled cause went before the United States Court of Appeals for the

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Ninth Circuit, which issued its judgment affirming in part, reversing in part, and remanding

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this Court’s prior order granting summary judgment in favor of Defendants. (ECF No. 76

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(“Memorandum”).) The Memorandum affirmed the Court’s grant of summary judgment as

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to Jackson’s unlawful seizure and false arrest claims against all three Defendants and all

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claims against Sergeant Edmonson. (Id.) However, the Memorandum reversed the entry

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of summary judgment as to Jackson’s excessive force claims against Officers Dutra and

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Dejesus because questions of fact remained as to when Jackson ceased resisting arrest

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and whether the officers’ use of force continued after the emergency had ended. (Id.)

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Defendants’ petition for rehearing en banc was subsequently denied (ECF No. 79),

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as was their petition for a writ of certiorari before the United States Supreme Court (ECF

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No. 82).

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It is therefore ordered that this Court’s order granting summary judgment (ECF No.

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66) and entry of judgment (ECF No. 67) are vacated as to the excessive force claims

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against Dutra and Dejesus.

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It is further ordered that the parties are directed to file a joint pretrial order within
30 days of the date of entry of this order.
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DATED THIS 10th day of May 2024.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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