Lvmpd

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 12 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LAVELLE, No. 21-16666

Plaintiff-Appellant, D.C. No. 2:19-cv-01251-JCM-DJA v.

LAS VEGAS METROPOLITAN POLICE MEMORANDUM*

DEPARTMENT; ROBERT BROWN,

Defendants-Appellees,

and

CITY OF LAS VEGAS,

Defendant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted July 26, 2022 Pasadena, California

Before: PAEZ and WATFORD, Circuit Judges, and BENNETT,** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard D. Bennett, United States District Judge for the District of Maryland, sitting by designation. David LaVelle sued Defendants Officer Robert Brown and the Las Vegas

Metropolitan Police Department (the “LVMPD”)1 after Brown mistakenly cited

him under Las Vegas Municipal Code § 9.16.030(K) (“the noise ordinance”) for

amplified street…