Brennan v. Las Vegas Metropolitan Police Department, 2:20-cv-00662

Background:

On Oct. 21–23, 2019 plaintiff Helen Brennan was stopped by NV Highway Patrol Trooper L. McCall while walking on Boulder Highway; McCall and arriving LVMPD officers handcuffed and transported her to Clark County Detention Center (CCDC).
At the scene plaintiff alleges being thrown against a patrol car, having dentures lost and withheld, suffering pain from recent wrist surgery and a torn MCL, having a knee placed on her back, being placed in a restraint chair with knees/arms bound and a spit hood placed over her head, and being denied assistance when ill.
Brennan was released a few hours later; no criminal charges were ever filed.
Procedurally Brennan sued under 42 U.S.C. § 1983 (Fourth, Fifth, Fourteenth Amendments), brought a Monell claim, and asserted state-law false imprisonment and battery claims against McCall, Nevada Highway Patrol (NHP), and LVMPD.
The Court granted motions: dismissed McCall and NHP (motions to dismiss granted), granted LVMPD summary judgment on Monell and on false imprisonment, but denied summary judgment on LVMPD battery claim (battery survives to trial).

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Monell liability lies against individual officer McCall or state agency NHP, and whether LVMPD’s Monell claim survives	Brennan alleged municipal policy/practice caused violations and identified LVMPD as responsible	Monell applies only to municipal (local) governments; not to individuals or state agencies; LVMPD claim unsupported by evidence of policy/custom	Monell dismissed as to McCall and NHP (not proper defendants); LVMPD Monell claim dismissed on summary judgment for lack of evidence of policy/custom
False imprisonment against McCall, NHP, and LVMPD (probable cause question)	Brennan: arrest was without probable cause; officers ignored her medical complaints	Defendants: probable cause existed (violation of NRS §484B.297 walking on highway shoulder); sovereign immunity bars state-law tort suits against state agency/employees in federal court	False imprisonment dismissed as to McCall and NHP (sovereign immunity / state indispensability); LVMPD false imprisonment dismissed on summary judgment because probable cause existed to arrest
Sufficiency/timeliness of service on Nevada Highway Patrol	Plaintiff acknowledged failure to timely serve and asked for leave to serve	NHP argued plaintiff failed to timely serve and sought dismissal	Court granted NHP’s motion and dismissed NHP (motion granted in its entirety)
Battery (excessive force) against LVMPD	Brennan: officers used more force than reasonably necessary despite her complaints of injury; restraint-chair and handcuffing abusive	LVMPD: force was reasonable given alleged resistance; correctional officers responded to noncompliance and safety concerns; expert testimony supports officers	Summary judgment denied on battery. Genuine disputes of fact exist about reasonableness of force; claim survives to jury

Key Cases Cited

Monell v. Dep't of Soc. Servs. of City of N.Y., 436 U.S. 658 (municipal liability requires policy/custom causing constitutional violation)
Will v. Michigan Dep't of State Police, 491 U.S. 58 (state agencies and officials sued for damages are not "persons" under § 1983)
Garton v. City of Reno, 720 P.2d 1227 (Nev. 1986) (false imprisonment/false arrest standard under Nevada law)
Los Angeles v. Lyons, 461 U.S. 95 (standing requirements for injunctive relief—speculative future injury insufficient)
Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards; no mere labels and conclusions)
Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
Scott v. Harris, 550 U.S. 372 (court may accept videotape facts over contrary testimonial evidence when uncontested)
Green v. City & County of San Francisco, 751 F.3d 1039 (9th Cir. excessive-force reasonableness is fact-specific and usually for jury)
Price v. Sery, 513 F.3d 962 (Monell frameworks: custom/practice, official policy, or ratification)