Landeros v. Las Vegas Metropolitan Police Department
2:14-cv-01525
D. Nev.Mar 15, 2017Background
- On Feb. 8, 2013, LVMPD officers (Parra, Villanueva, Thomas) surveilled Robert Torres at an apartment complex; Torres was a violent suspect wanted for attempted murder and related charges.
- Plaintiffs Angel Landeros and Amelia Villalba arrived to sell a car to Torres; officers in plain clothes with tactical vests approached and ordered persons to raise hands.
- Shots were fired during the encounter; Torres was killed. Landeros was struck by a bullet that caused significant injuries; Villalba sustained a superficial graze to her ankle.
- Plaintiffs filed an amended complaint alleging § 1983 claims (excessive/unreasonable deadly force, unlawful seizure), a Monell claim against LVMPD, state-law negligence, and assault/battery against officers and the Sheriff.
- Defendants moved for summary judgment; plaintiffs conceded dismissal of the § 1983 claim against Thomas by Villalba and dismissal of claims against Sheriff Gillespie.
- The court found genuine disputes of material fact (notably Landeros’s testimony that Torres may not have drawn a gun before Landeros was shot) precluding summary judgment on most individual § 1983 and state-law claims, but granted summary judgment to LVMPD on the Monell claim and dismissed certain individual claims as conceded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force / unlawful seizure (§ 1983) | Officers used unreasonable lethal force; factual dispute whether Torres had drawn his gun before plaintiffs were shot. | Officers acted in self-defense; shots were justified because Torres drew and fired. | Denied summary judgment for officers on remaining § 1983 claims due to genuine factual disputes. |
| Qualified immunity for officers | Plaintiffs say constitutional rights may have been violated so immunity not appropriate. | Officers claim qualified immunity because their conduct was reasonable and not clearly unlawful. | Denied at summary stage — factual dispute (timing/visibility of Torres’s gun) prevents finding immunity. |
| Monell liability against LVMPD | LVMPD had de facto policies/customs leading to unconstitutional force. | Plaintiffs point to individual officers’ conduct; defendants argue isolated incident insufficient for Monell. | Granted summary judgment for LVMPD — plaintiffs failed to show a pervasive policy, final policymaker action, or ratification. |
| State-law claims (negligence, assault/battery, discretionary immunity, public duty doctrine) | Plaintiffs argue officers breached duties and affirmatively caused harm; assault/battery mirrors federal reasonableness standard. | Defendants assert discretionary immunity and that Torres, not officers, was the active cause. | Officers not entitled to discretionary immunity; negligence and assault/battery survive summary judgment; public-duty/causation defenses not resolved at this stage. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force by police to prevent escape must be reasonable under the Fourth Amendment)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity two-step framework; courts may decide prongs in discretionary order)
- White v. Pauly, 137 S. Ct. 548 (2017) (clearly established law must be particularized; avoid high-level generalizations)
- Saucier v. Katz, 533 U.S. 194 (2001) (articulated contours of the qualified-immunity analysis)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires a policy or custom causing constitutional violation)
- Board of County Comm'rs v. Brown, 520 U.S. 397 (1997) (rigorous causation and culpability standards for municipal liability)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard and allocation of burdens)
- Lujan v. National Wildlife Federation, 497 U.S. 871 (1990) (disputed facts construed for nonmoving party at summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (summary judgment requires absence of genuine factual dispute)
- Mayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017) (inferences and credibility determinations at summary judgment construe evidence favorable to nonmoving party)
- T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626 (9th Cir. 1987) (claimed factual disputes sufficient to require trial)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity protects officials performing discretionary functions)
- City & County of San Francisco v. Sheehan, 135 S. Ct. 1777 (2015) (clarifies fair notice/clearly established right inquiry under qualified immunity)