Basden

MEMORANDUM *

Eric Watson, Alex Owen, Fred Robinson, Stephen Basden, and Michael Krivak (“Appellants”) were inmates at the Clark County Detention Center, in Clark County Nevada, on June 29, 2003. Late that evening, Christopher Brinkley, a correctional officer, threw an M-4 devastator firecracker — which he had obtained from fel]ow officer Alan Hirjak — into the inmate module that housed the Appellants. Appellants allege permanent hearing loss, severe headaches, and emotional distress as a result of the explosion,

Appellants brought a 42 U.S.C. § 1983 action against both officers and their supervisor, Sergeant P.J. Leeke, in their individual and official capacities; the Las Vegas Metropolitan Police Department (“LVMPD”); and Bill Young, the Sheriff of Clark County, alleging federal eonstitutional violations, a civil conspiracy, and state law causes of action.

The district court granted summary judgment for all of the defendants on the federal claims, and declined to exercise supplemental jurisdiction on the remaining state law claims. The court held that Appellants failed to establish that the offi *625 cers were acting under color of law during the firecracker incident because…