Motley v. State of Nevada et al, No. 2:2021cv02075 - Document 55 (D. Nev. 2024)
Court Description: ORDER granting 54 Joint Pretrial Order. Calendar Call set for 4/30/2024 at 09:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Jury Trial set for 5/6/2024 at 08:30 AM in LV Courtroom 7D before Judge Gloria M. Navarro. This pretrial order has been approved by the parties to this action as evidenced by their signatures or the signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this case. This order may be amended except by court order and based upon the parties' agreement or to prevent manifest injustice. Signed by Judge Gloria M. Navarro on 1/11/2024. (Copies have been distributed pursuant to the NEF - CAH)
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Motley v. State of Nevada et al Doc. 55 1 UNITED STATES DISTRICT COURT 2 3 4 5 6 7 CASE NO.: 2:21-cv-02075-GMN-BNW Plaintiff, JOINT PRETRIAL ORDER v. M. Malta, an individual; C. Miranda, an individual, Defendants. 8 9 DISTRICT OF NEVADA Courtney Motley, After pretrial proceedings in this case, IT IS ORDERED: 10 11 12 13 14 15 16 I. This action is for: Alleged violations of Plaintiff Courtney Motley’s (“Motley”) Federal Constitutional Rights, brought pursuant to 42 U.S.C. § 1983, for excessive force and retaliation. Furthermore, this action is for alleged violations of Nevada state law for assault and battery. This case arises from two separate altercations between Motley—an incarcerated man at the Clark County Detention Center (“CCDC”)—and two Corrections Officers—Matthew Malta (“Ofc. Malta”) and Carlos Miranda (“Ofc. Miranda”). 17 18 19 20 II. Statement of jurisdiction: This action arises under 28 U.S.C. § 1331, insofar as it relates to Motley’s Federal Constitutional Claims. The Court has supplemental jurisdiction over Motley’s state law claims pursuant to 28. U.S.C. § 1367(a). 21 22 23 24 25 26 27 28 III. The following facts are admitted by the parties and require no proof: 1. At the time of the allegations giving rise to this action, Motley was an incarcerated man at CCDC. 2. At the time of the allegations giving rise to this action, Ofc. Malta and Ofc. Miranda were corrections officers at CCDC. 3. On April 4, 2022, Motley pleaded guilty to an unlawful act related to human excrement or bodily fluid (Gross Misdemeanor) in violation of NRS 212.189. Dockets.Justia.com IV. 1 2 3 The following facts, though not admitted, will not be contested at trial by evidence to the contrary: None at this time. 4 5 V. The following are the issues of fact to be tried and determined at trial: 6 7 1. cup of his own urine on Ofc. Malta. 8 9 Whether on September 17-18, 2021, Motley intentionally or accidentally spilled a 2. Whether on September 17-18, 2021, Motley intentionally or accidentally spilled a cup of water on Ofc. Malta. 10 3. Whether in response to either allegedly intentionally or accidentally spilling water 11 or urine on Ofc. Malta, or unprovoked on September 17-18, 2021, Ofc. Malta intentionally grabbed 12 Motley’s arm, slammed his hand and fingers in the food trap, and threatened to kill his family. 13 14 4. Whether the days after the September 17-18, 2021, incident, Ofc. Malta retaliated against Motley for filing a grievance by depriving him of meals. 15 5. Whether when Motley was allegedly deprived of his meals, such deprivation was 16 in retaliation for Motley’s grievance filings against the Defendant Officers, or whether it was in 17 response to Motley’s disruptive behavior. 18 19 20 6. Whether on September 24, 2021, Motley or his cell neighbor were flooding their 7. Whether on September 24, 2021, when Defendant Ofcs. Malta and Miranda cells. 21 approached Motley’s cell he threw urine-soaked towels through his food trap door., in an attempt 22 to strike the officers or simply to remove urine-mixed water out of his cell. 23 24 25 26 27 28 8. Whether on September 24, 2021, when Defendant Ofcs. Malta and Miranda approached Motley’s cell, he attempted to take Ofc. Malta’s duty belt. 9. Whether on September 24, 2021, after Motley was allegedly unable to take Ofc. Malta’s duty belt, he spit on the officers and said, “I’m gonna take your taser bitch!” 10. Whether on September 24, 2021, Ofc. Malta and Ofc. Miranda intentionally slammed Motley’s hand and fingers in the food trap, kicked his arm, and punched him in the face. 2 VI. 1 2 The following are the issues of law to be tried and determined at trial: 3 4 1. Whether Ofc. Malta’s alleged actions related to the September 17-18, 2021; altercation constitute excessive force in violation of Motley’s Fourteenth Amendment Rights. 5 2. Whether Ofc. Malta’s alleged actions in depriving Motley of meals after a 6 grievance was filed after the September 17-18, 2021, altercation constitute retaliation, in violation 7 of his First Amendment Rights. 8 9 10 11 3. Whether Ofc. Malta’s and Ofc. Miranda’s alleged actions relating to the September 24, 2021, incident constitute excessive force in violation of Motley’s Fourteenth Amendment Rights. 4. Whether Ofc. Malta intended to cause harmful or offensive contact with Plaintiff’s 12 person, and whether Plaintiff was in apprehension of such contact in reference to the September 13 17-18, 2021, altercation. 14 15 16 5. Whether Ofc. Malta intended to cause harmful or offensive contact with Plaintiff’s person, and whether such contact did occur in reference to the September 17-18, 2021, altercation. 6. Whether Ofc. Malta and Ofc. Miranda intended to cause harmful or offensive 17 contact with Plaintiff’s person, and whether Plaintiff was in apprehension of such contact in 18 reference to the September 24, 2021, altercation. 19 7. Whether Ofc. Malta and Ofc. Miranda intended to cause harmful or offensive 20 contact with Plaintiff’s person, and whether such contact did occur in reference to the September 21 24, 2021, altercation. 22 23 24 25 8. Whether Ofc. Malta’s alleged actions related to the September 17-18, 2021, altercation was intentional, malicious, or with evil intent, justifying punitive damages. 9. Whether Ofc. Malta’s and Ofc. Miranda’s alleged actions related to the September 24, 2021, altercation was intentional, malicious, or with evil intent, justifying punitive damages. 26 VII. 27 (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 28 3 1 Exhibit Description Bates No. 2 1 3 CCDC Staff Request and Grievance Records CCDC Inmate History Reports Declaration of Arrest 4 Judgment of Conviction 7 5 8 6 9 7 Officer Incident Reports (September 17-18, 2021) Officer Incident Reports (September 24, 2021) Plaintiff’s WellPath Medical Records LVMPD000010LVMPD000058 LVMPD000089LVMPD000101 LVMPD000102LVMPD000105 LVMPD000106LVMPD000107 LVMPD000108LVMPD000114 LVMPD000115LVMPD000116 LVMPD000118LVMPD000417 3 4 5 6 2 10 11 12 13 14 15 16 17 (b) As to the following exhibits, the party against whom the same will be offered objects to their admission on the grounds stated: (1) Plaintiff’s exhibits and objections: None. (2) Defendants exhibits and objections: None. (c) Electronic evidence: At this time, the parties do not anticipate submitting electronic evidence to the Court at the time of trial, but respectfully reserve the right to do so if the need arises. 18 (d) Depositions: None. 19 (e) Objections to depositions: None. 20 21 22 23 24 25 26 27 28 The following witnesses may be called by either of the parties at trial: (a) Courtey Motley c/o John J. Pictum III, Esq. Holley Driggs 300 S. Fourth St., Suite 1600 Las Vegas, Nevada 89011 (b) Ofc. Matthew Malta, CO # 18565 Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) Ofc. Carlos Miranda, CO #17905 Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 (d) Ofc. B. Diaz, CO # 16294 Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 (e) Custodian of Records and/or Person Most Knowledgeable Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 (f) Fed. R. Civ. P. 30(b)(6) – Training Policies, Practices, and Customs Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 (g) Fed. R. Civ. P. 30(b)(6) – Hiring Policies, Practices, and Customs Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 (h) Fed. R. Civ. P. 30(b)(6) – Supervision, Practices, and Customs Las Vegas Metropolitan Police Department c/o Robert Freeman and E. Matthew Freeman Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 VIII. 25 26 27 The attorneys or parties have met and jointly offer these three trial dates: May 6-10, 2024 June 3-7, 2024 28 5 July 22-26, 2024 1 It is expressly understood by the undersigned that the court will set the trial of this matter on one 2 of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the court’s 3 calendar. IX. 4 5 It is estimated that the trial will take a total of three to four days. 6 Approved as to Form and Content: 7 8 Dated: January 11, 2024. Dated: January 11, 2024. 9 LEWIS BRISBOIS BISGAARD & SMITH HOLLEY DRIGGS /s/ Matt Freeman ROBERT W. FREEMAN Nevada Bar No. 3062 E. MATTHEW FREEMAN Nevada Bar No. 14198 6385 S. Rainbow Blvd, Suite 600 Las Vegas, Nevada 89118 Attorney for Defendants Corrections Officer Matthew Malta Corrections Officer Carlos Miranda /s/ John Pictum JOHN J. PICTUM III Nevada Bar No. 15979 300 South Fourth Street, Suite 1600 Las Vegas, Nevada 89101 Attorney for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 X. ACTION BY THE COURT This case is set for a jury trial on the stacked calendar on 5/6/2024 at 8:30 a.m. Calendar Call will be held on 4/30/2024 at 9:00 a.m. This pretrial order has been approved by the parties to this action as evidenced by their 21 signatures or the signatures of their attorneys hereon, and the order is hereby entered and will 22 govern the trial of this case. This order may be amended except by court order and based 23 upon the parties' agreement or to prevent manifest injustice. 24 25 January 11, 2024 DATED:____________________ ______________________________ UNITED STATES DISTRICT JUDGE 26 27 28 6
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