Davis v. City of Las Vegas

by the United States Court of Appeals for the Ninth Circuit

478 F.3d 1048

FRANKIE DAVIS, DPlaintiff-Appellant

v.

CITY OF LAS VEGAS, a political subdivision of the State of Nevada;
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada;
DAVID D. MILLER, individually and in his official capacity as a Las Vegas Metropolitan Police Officer;
LEONARD MARSHALL, individually and in his official capacity as a Las Vegas Metropolitan Police Officer;
EXBER, INC., a Nevada corporation, dba Las Vegas Club;
ALFRED LIBBY, individually and in his official capacity as an emplyee of the Las Vegas Club;
PATRICK LAPERA, individually and in his capacity as Director of Security for the Las Vegas Club;
JOHN ORR, individually and in his capacity as an employee of the Las Vegas Club;
RICHARD MABE, individually and in his capacity as an employee of the Las Vegas Club;
SHANE MUNDELL, individually and in his capacity as an employee of the Las Vegas Club, Defendants-Appellees.

No. 04-17284

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted October 19, 2006
Filed February 28, 2007

Appeal from the United States District Court for the District of Nevada

James C. Mahan, District Judge, Presiding

Before: Stephen Reinhardt, John T. Noonan, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Reinhardt

COUNSEL
Barry Levinson, Las Vegas, Nevada, for the plaintiff-appellant.

Lyssa M. Simonelli & Robert McPeak, Las Vegas, Nevada, for defendant-appellee David Miller.