England v. Las Vegas Metropolitan Police Department

MEMORANDUM

During an altercation at the McCarran Airport in Las Vegas, Nevada, Mark England (“England”) was beaten with a baton by Las Vegas Metropolitan Police Department Officer Jason Jennings and tased three times by Officer Gary Clark. England and his wife, Julianna England, brought suit under § 1983 against Jennings, Clark, the Las Vegas Metropolitan Police Department, and several unnamed defendants (collectively, “Las Vegas”), raising federal claims for violations of § 1983, and state claims for negligence, assault and battery, intentional infliction of emotional distress, respondeat superior for torts, loss of consortium, and negligent hiring, retention, training, and supervision. The district court granted Las Vegas’s motion for summary judgment on all of the Englands’ claims. In a separate order, the magistrate judge imposed sanctions on England because he failed to appear for his deposition. The Englands appeal both the summary judgment order and the imposition of sanctions. We affirm the district court’s summary judgment order in part, reverse in part, and vacate in part; we affirm the imposition of sanctions.

Because this case comes to us on Las Vegas’s motion for…