Sam Schulz v. Clark County Sheriff Ralph Lamb

Before HUFSTEDLER and CHOY, Circuit Judges, and McNICHOLS, District Judge.

Schulz, invoking diversity jurisdiction, sued two deputy sheriffs, a county sheriff, and a Las Vegas hotel for false arrest and imprisonment. He appeals from the dismissal of his action against the county sheriff and the hotel and from judgment in favor of the deputy sheriffs entered after a nonjury trial on the merits. We affirm the dismissals because no claim for relief could be sustained against the county sheriff or the hotel. We reverse the judgment exculpating the deputy sheriffs Dessel and Levitte because the record does not sustain the district court’s conclusion that they had a legally justified basis for detaining and questioning Schulz.

Schulz and his family took a holiday in Las Vegas, Nevada. As Schulz was preparing to return to Los Angeles, his mother became separated from the other members of the party during their visit to the Las Vegas International Hotel. He searched for her, first taking an elevator to the third floor, where there were public facilities, and then to a higher floor, where there was a lounge. He took an elevator back to the first floor when he did not find her at…