Delew

Plaintiffs Michael C. Delew and H. Roy and Vickie Mayberry (“the Delews”) 1 appeal the district court’s dismissal of their suit under 42 U.S.C. § 1983 . We must decide whether the Delews’ complaint states a claim for relief under section 1983. We conclude that it does. We therefore remand with instructions consistent with this opinion.

I.

BACKGROUND

Erin Rae Delew died when her bicycle was struck by a vehicle driven by Janet Kathleen Wagner. An investigation undertaken by the Las Vegas Metropolitan Police Department (“LVMPD”) and Nevada Highway Patrol (“NHP”) ultimately found that Janet Kathleen Wagner was not the cause of Erin Rae Delew’s death. The Delews are not convinced. They allege that Wagner, whose husband is an LVMPD officer, and certain named LVMPD and NHP officers, covered-up and conspired to cover-up the true facts surrounding Erin Rae Delew’s death in violation of the Delews’ constitutional rights.

In their complaint, the Delews allege that Janet Kathleen Wagner operated her vehicle negligently by driving (1) 30% in excess of the maximum posted speed limit, (2) ,while under the influence of alcohol, and (3) in violation - of the deceased’s right-of-way. They…