Lvmpd

Sandoval v. Las Vegas Metropolitan Police Department

Good Law
756 F.3d 1154·2014 WL 2936254·2014 U.S. App. LEXIS 12395
United States Court of Appeals for the Ninth CircuitJuly 1, 201412-15654California7,078 words

Opinion

Opinion

McKEOWN, J.

This appeal arises out of the events of October 24, 2009, when the Las Vegas police, on the lookout for two white males, mistook a teenaged boy and his friends, all Hispanic, for intruders in the boy’s own home. In the course of the afternoon, police pointed guns at the boys, entered the home without a warrant, handcuffed and detained the boys and others, and shot and killed the family dog. The family (“the Sandovals” ) brought suit against the police, alleging violations of their constitutional rights and related rights under state law. The district court granted summary judgment to the police department and the officers on all claims. We reverse the judgment on the Fourth Amendment claims for excessive force and unlawful entry and on certain of the state law claims, and affirm the judgment on the remaining claims.

Background

On October 24, 2009, the Las Vegas Metropolitan Police Department (“LVMPD”) received a 911 phone call from a witness, Albert Schouten (“Schouten”), who said that he saw two white males between ages 18 and 20, one carrying a skateboard, jump a fence and start looking through the windows of a house in the neighborhood. There had been a recent…

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