Moreland

Moreland v. Las Vegas Metropolitan Police Department

Good Law
159 F.3d 365·98 Daily Journal DAR 10270·1998 WL 652135·1998 U.S. App. LEXIS 23732·98 Cal. Daily Op. Serv. 7387
United States Court of Appeals for the Ninth CircuitSeptember 24, 1998No. 97-17070California4,314 words

Opinion

Lead Opinion

Whaley, J.

Lucille Moreland, Demarrion Quintrell Jett, and Dominisha Lanae Jett appeal from the district court’s grant of summary judgment in Appellees’ favor on Appellants’ 42 U.S.C. § 1983 and related state law claims arising from the shooting death of Damon Douglas. Appellants’ central theory of this case is that Appellee Burns inadvertently shot the wrong man during a gunfight outside a Las Vegas bar and then he and his partner lied to cover up this mistake. Having considered this and Appellants’ other arguments in full, we affirm.

I.

This case stems from a gunfight that took place outside of a Las Vegas bar shortly after midnight on September 18, 1993. It is undisputed that when the smoke from this fight cleared, Damon Douglas (“Douglas”) lay fatally wounded by a bullet fired by Appellee James Burns (“Burns”). Appellants are Douglas’s mother and his two minor children. Appellees are the Las Vegas Metropolitan Police Department (“Metro”) and two of its police officers, Burns and Jack Pope (“Pope”).

Shortly after midnight on the night of September 17-18, 1993, Burns and Pope responded to a dispatch call indicating there was a fight in the parking lot of the Chances Arr bar in northwest…

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