False Arrest Case Report

NATURE OF CASE:

Civil rights, malicious prosecution, false arrest, false imprisonment

INJURIES ALLEGED:

Contusions and emotional injuries

NAME OF CASE:

Juan Berry and James Suggs vs. Las Vegas Metropolitan Police Department and individual defendants.

COURT:

United States District Court, District of Nevada

AMOUNT OF JURY VERDICT OR SETTLEMENT:

$1,000,000

ATTORNEYS FOR PLAINTIFF:

Andre Lagomarsino, Esq. – Campbell and Williams, Donald J. Campbell, Esq. – Campbell and Williams, Cal Potter, Esq. – Potter Law Offices

CASE SUMMARY:

Two cousins, Juan Berry and James Suggs, were visiting Las Vegas to attend a wedding. Together with the wedding party, the two cousins went to The Drink Niteclub. After ordering a drink, the two went to the dance floor. They were watching a group of people dance when a scuffle ensued with off-duty Las Vegas Metropolitan Police Department SWAT officers. The altercation was quickly broken up and the two cousins were separated from the group. After sorting out the details, the cousins were driven home from the nightclub by on-duty LVMPD officers.

After returning home, the pair learned that they were under investigation at the behest of one of the instigating off-duty officers. The off-duty instigator himself had been involved in two other off-duty altercations, one in which he discharged his weapon. The cousins tried to give their statements to LVMPD but were refused.

Juan Berry was eventually arrested and jailed for several days. He was released but had to return to Las Vegas along with his cousin James to face a preliminary hearing. At the hearing, one of the on-duty officers testified that the off-duty officers were drunk and disorderly and that there was not sufficient evidence to arrest the cousins at the scene. Juan’s case was dismissed at preliminary hearing. James’ case was dismissed a short time later. The cousins were emotionally traumatized by the process.

The cousins sued the police department and individual defendants for violation of civil rights, battery, false arrest, false imprisonment, and negligence. Litigation ensured for several years. The individual defendants settled after litigate the case for over a year. The police department eventually settled after summary judgment was denied on the primary claims. The settlement is believed to be the largest non-death related settlement in LVMPD history.

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