Goodman v. Las Vegas Metropolitan Police Department
963 F. Supp. 2d 1036
D. Nev.2013Background
- Goodman, a Las Vegas dancer, was detained during a LVMPD vice sweep at the Cosmopolitan hotel in 2011.
- Detention occurred after undercover officers approached Goodman and her friend, who had prior prostitution-related involvement.
- Goodman was escorted to a secured security office and held for up to about two hours without charges.
- Her purse was searched and her identification retrieved during detention; she was repeatedly questioned about her presence and employment.
- A number of other women were detained in the same security room during the sweep, with some later arrested for prostitution.
- Goodman sued LVMPD, the Cosmopolitan entities, and related defendants for false imprisonment, battery, Fourth Amendment violations, defamation, and intentional infliction of emotional distress; defendants moved for summary judgment and related relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Goodman’s initial detention was supported by reasonable suspicion | Goodman argues there was no reasonable suspicion. | Defendants contend the detention was a Terry stop based on observed circumstantial factors. | No reasonable suspicion supported the Terry stop. |
| Whether the initial detention was transformed into an unlawful de facto arrest | Detention extended beyond reasonable limits and became an unlawful arrest. | Detention was within permissible investigative conduct under Terry. | Detention constituted an unlawful de facto arrest. |
| Whether seizure/search of Goodman’s cell phone and purse violated the Fourth Amendment | Detention tainted subsequent searches; searches were unlawful. | Searches were permissible as part of the detention/arrest process or as Terry searches. | Searches were unconstitutional as part of an unlawful detention/arrest. |
| Whether LVMPD is liable under Monell for a policy or practice causing the violation | Prostitution-sweep policy/ practice caused constitutional violations. | Policy/procedure disputed; need for evidence of fault and moving force behind violation. | Genuine disputes on policy and Monell liability; summary judgment denied. |
| Whether individual officers are entitled to qualified immunity | Officers violated clearly established Fourth Amendment rights. | Officers acted within their discretionary function; qualified immunity may apply. | Officials denied qualified immunity; not clearly established that their conduct was lawful. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable suspicion standard for investigative stops)
- United States v. Mendenhall, 446 U.S. 544 (1980) (defining 'seizure' for Fourth Amendment purposes)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances standard for reasonable suspicion)
- United States v. Miles, 247 F.3d 1009 (2001) (distinguishes between Terry stops and arrest in duration/context)
- Washington v. Lambert, 98 F.3d 1181 (1996) (considerations for determining arrest versus stop)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (mere association with others does not justify stop)
- K-Mart Corp. v. Washington, 866 P.2d 274 (Nev. 1993) (defamation by pantomime; reputational damages in slander per se)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (damages in defamation contexts; general damages for reputation)
- Dougherty v. City of Covina, 654 F.3d 892 (2011) (Monell liability and policy/ moving force through municipal policy)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (1978) (establishes municipal liability for unconstitutional policies)
- Nurse v. United States, 226 F.3d 996 (2000) (constitutional limits on discretionary function immunity)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step analysis for qualified immunity)
