Case Number: 2020-009890

In Federal

The SAC alleges the following: In April 1999, a woman alleged sexual assault against the plaintiff. (ECF No. 15 at 15). LVMPD conducted a sexual assault nurse examiner medical exam. The sexual assault kit concluded no definitive signs of sexual assault, and LVMPD impounded the medical kit into evidence. In June 1999, LVMPD closed the case. LVMPD never disposed of the kit. Seventeen years later, LVMPD processed the SANE medical kit, identified the plaintiff, and arrested the plaintiff in 2017. From April 17, 2017, through June 9, 2019, Doe CCDC/LVMPD classification committee members held the plaintiff in solitary confinement for 406 days without a classification hearing. (ECF No. 15 at 39).

Plaintiff remained in a 23-hour lockdown as a pretrial detainee. The Court finds that the plaintiff states a colorable due process claim because the Doe classification committee appears to have punished the plaintiff for 406 days by holding the plaintiff in solitary confinement without a hearing. The Court also finds that the plaintiff states a colorable excessive force claim. Based on the allegations, the adverse parties dragged him while restrained, up the stairs, into a cell, dropped him onto the concrete floor from three feet above, and injured him. The Court found that the plaintiff’s confinement and lack of exercise while in solitary confinement and improper footwear for four months caused the plaintiff’s colorable conditions. This claim will proceed against the defendants (for exercise) and Doe officers, who denied the plaintiff proper footwear (when he learns their identities). John Doe entered the cage and asked the plaintiff whether the plaintiff could see without his reading glasses. When the plaintiff responded that he could not see without them, Doe officer replied, “then you better take care of them; it would be a shame if something happened to them.” Plaintiff’s cell contained over 1,000 pages of legal material as well as traditional handbooks and legal dictionaries.

When the plaintiff returned to his cell, he saw all of his legal documents dumped into three piles and noticed that they had taken his books from him; when the plaintiff asked why they told him that they would write everything on the property receipt form. The plaintiff noticed that they had torn some of the documents and removed the staples. The property receipt only stated, “books and papers placed in the property.” The Court finds that plaintiff states a colorable Fourth Amendment strip search claim. Based on the allegations, Doe officers may have conducted the strip search in a harassing matter because of the plaintiff’s role as a jailhouse lawyer.

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