Man sues Metro for negligence, unlawful arrest, violating due process rights

In May 2014, an 18-year-old man was arrested in connection with a string of burglaries in the northwest valley.

It wasn’t until after he was jailed at the Clark County Detention Center and attacked by fellow inmates, who called him a “snitch” and broke his jaw, that Moshe Banner’s charges were dismissed for lack of probable cause, according to his attorney.

Now Banner is suing the Metropolitan Police Department, an officer and his supervisor in federal court, alleging negligence, unlawful arrest and imprisonment, and violations of his right to due process.

Metro officer Laura Meltzer said the department can’t comment on pending litigation.

In a civil complaint filed July 20, Banner and his attorney, C.J. Potter, accused Metro Sgt. Craig Dunn of arresting Banner without a warrant or probable cause. They also accuse Lt. William Graham of improperly supervising Dunn’s conduct.

According to the complaint, a man who was arrested after Dunn saw him running out of a convenience store in Summerlin the night of one of the robberies told the officer that Banner had robbed a Tropical Smoothie Cafe in the area.

The following day, Dunn gave a photo lineup, including a picture of Banner, to an employee who had been outside the store at the time of the robbery. The employee said the robber might have been pictured in one of two photos, including Banner’s, but that the person he saw walking toward the store had lighter skin.

“Incredibly,” Dunn chose not to show the photo lineup to the clerk who was working inside the business when it was robbed, the complaint read.

Banner was arrested about 6 p.m. May 19, the same day the photo lineup was conducted, and taken to Clark County Detention Center, where he would be held until his charges were dismissed on Aug. 7, 2014.

The now-20-year-old man is also suing unnamed jail guards; NaphCare, the company providing health care for the detention center; and individuals on the jail’s medical staff for “deliberate indifference” to his safety at the jail and to the fractures in his jaw.

The lawsuit accuses an unnamed licensed practical nurse for ignoring Banner’s injuries, which included “multiple displaced fractures of his jaw.” Nurse practitioner Ray Montenegro and registered nurse Katrina Simeon are accused of falsely claiming that Banner had told them he had slipped and hit his face.

“Following the attack, Mr. Banner sought medical care from Defendants Doe LPN, Montenegro and Simeon, who were each deliberately indifferent to Mr. Banner’s medical needs by claiming that they were not dentists and they could not help him,” the lawsuit alleges.

Banner’s mother bailed him out of jail June 23 and rushed him to the hospital, where he had to get surgery to repair the fractures, the complaint said.

“He suffered excruciating pain,” Potter said, “but I think the invisible injuries of being refused his constitutional rights and being wrongfully arrested for something he didn’t do were worse.”

NaphCare believes the allegations against it are unfounded and will seek a dismissal of the claims against the company and its staff members, spokesman Brad Cain said.

According to Clark County and Las Vegas court records, Banner pleaded guilty to felony home invasion in March 2015 and pleaded no contest to a felony drug possession charge in June 2015. Also, he pleaded no contest to a misdemeanor DUI charge in April 2016.

Contact Kimber Laux at klaux@reviewjournal.com or 702-383-0283. Find @lauxkimber on Twitter.

ad-high_impact_4
Crime
1 dead in shooting at southwest Las Vegas home
A dispute between roommates led to the fatal shooting of one man in the backyard of their southwest Las Vegas Valley home on Monday, April 23, 2018. (Rio Lacanlale/Las Vegas Review-Journal)
Bump stock manufacturers under fire
The Justice Department said last month that it had started the process to amend federal firearms regulations to clarify that federal law defines bump stocks as machine guns.
Henderson Police Seek Armed Bank Robbery Suspect
This afternoon a male suspect entered the Bank of America, located at 2638 W. Horizon Ridge Parkway, at about 12:40 p.m. As he entered the bank, he pulled a black mask down to conceal his face.The suspect is described as a late-forties to early-fifties white male adult, approximately 5 foot 8 inches to 5 foot 10 inches tall and weighing approximately 160 to 180 pounds He was last seen wearing a dark colored beanie, a grayish blue plaid shirt, dark jeans and dark colored shoes. His head was shaved on the sides and the top of his hair was dark in color. Vehicle was described as possibly a gray 2012-2014 four door Ford Focus. The license plates were covered with black tape. The suspect is considered armed and dangerous. Do not attempt to contact the suspect but call police immediately. Anyone with information is urged to call the Henderson Police Department at 702-267-4911, to remain anonymous, call Crime Stoppers at 702-385-5555.
Sunset Park Homicide (update 2)
LVMPD gives update about suspect in homicide at Sunset Park (Blake Apgar)
Sunset Park Homicide (update)
Update from LVMPD on Sunset Park homicide. Releasing suspect's name (Blake Apgar)
Sunset Park Homicide
Police give details about Sunset Park homicide on Sunday, April 15, 2018. (Blake Apgar)
Security guard thwarts mailbox vandals
A security guard at the Covington at Coronado Ranch apartment complex ended up in the hospital after thwarting a group of mailbox vandals on Monday morning. According to Las Vegas police, about 12:45 a.m. the guard saw a group of people trying to break into mailboxes at the central Las Vegas complex when he confronted them. The group jumped into a vehicle and while trying to flee, struck the guard. The guard was hospitalized with injures that were not life-threatening. The suspects fled and remain at-large.
Las Vegas police looking for robbery suspects
Authorities are looking for three men who police said used a weapon on their victims in a recent string of robberies across the Las Vegas Valley. (Las Vegas Metropolitan Police Department)
Las Vegas police looking for robbery suspects
Authorities are looking for three men who police said used a weapon on their victims in a recent string of robberies across the Las Vegas Valley. (Las Vegas Metropolitan Police Department)
Metro investigates an officer-involved shooting in east Las Vegas
Las Vegas police investigate an officer-involved shooting at Madge Lane and Mabel Road, between Charleston Boulevard and Stewart Avenue, Friday, April 6, 2018, in Las Vegas. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Robbery Surveillance Video
Police are searching for a man suspected of robbing two Las Vegas clothing stores in one week.
Retail Restroom Sexual Assault Suspect
Las Vegas police are asking for help finding a man they said groped a woman in a south Las Vegas Valley restroom. (Las Vegas Metropolitan Police Department)
Calvary Christian Learning Academy, “There was no fair warning.”
Samantha O’Brien, whose three-year-old daughter attended the Calvary Christian Learning Academy daycare, found out Monday night when her daughter’s teacher called about the school closing.
Paintball Attacks -- People injured in Las Vegas (LVMPD)
A recent series of drive-by paintball shootings in Las Vegas has resulted in the endangerment and injury of multiple people. (Las Vegas Metropolitan Police Department)
USPS truck carjacked
Surveillance video of a USPS truck being carjacked on March 10. Search for suspects and pictures of suspects.
New York New York Robbery (Las Vegas Metropolitan Police Department)
A white man suspected of robbing a Strip casino in blackface in January was charged Friday in federal court, records show. (Las Vegas Metropolitan Police Department)
Las Vegas police arrest man with guns and ammo
Las Vegas police arrested a man sitting in car who was found with guns and ammo in his trunk. The video was captured by Steven Gibson and posted to his Facebook page.
LVMPD Seeks Assistance Identifying Suspects In Lottery Ticket Scam
During the month of February, two victims have been identified by LVMPD Financial Crimes detectives as being victims of a lottery ticket scam. These victims were approached by a suspect who claimed to have a winning lottery ticket and needed legal assistance to cash it.
Metro Lt. Raymond Spencer discusses details of a murder-suicide in the east valley
Metro homicide Lt. Raymond Spencer discuses details of a murder-suicide in the east valley that left two men dead on March 6. (Blake Apgar/Las Vegas Review-Journal)
Las Vegas Lounge Shooting
Las Vegas police on Wednesday released surveillance video of man suspected of firing several shots into the Las Vegas Lounge late last week. (Las Vegas Metropolitan Police Department)
Detectives Seek To Identify Burglary Suspect
Spring Valley Area Command Patrol Detectives are seeking the public’s assistance in identifying a male who has been responsible for approximately eight burglaries in the area of Oakey Boulevard and Rancho Drive since January 2018. During these incidents, the suspect makes entry through a rear window or a sliding patio backdoor. The suspect is described as a black male between 20 and 30 years of age, slender with an athletic build. A vehicle of interest in these incidents is described as a white Nissan Pathfinder with a red and white bumper sticker.
TOP NEWS
News Headlines
Events
Home Front Page Footer Listing
Circular
You May Like

You May Like