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 or 702-383-0283. Find @lauxkimber on Twitter.

Man killed during road-rage incident
Las Vegas police are looking for two men involved in the shooting death of a man outside a 7-Eleven story at Bonanza Road and Maryland Parkway on Nov. 12, 2018. (Las Vegas Metropolitan Police Department)
16-year-old shot in North Las Vegas
A 16-year-old was hospitalized but was expected to survive after a shooting in North Las Vegas, near Centennial Parkway and Fifth Street, on Tuesday, November 13, 2018. North Las Vegas police spokesman Aaron Patty gives an update. (Katelyn Newberg/ Las Vegas Review-Journal)
3-year-old boy shot in North Las Vegas
North Las Vegas Police Officer Aaron Patty talks about an accidental shooting that left a 3-year-old boy “fighting for his life” on Nov. 10, 2018.
Senior Citizen Carjacking Attack -- 3 Suspects Sought
Las Vegas Metropolitan Police detectives are seeking the public's assistance in identifying the three attackers who carjacked and beat a 78-year-old man near Fremont and east Charleston on Tuesday. (LVMPD)
Henderson Police Department Chief Latesha Watson Talks Change
11-year-old girl shot, killed in North Las Vegas
An 11-year-old girl is dead after she was struck by gunfire Thursday night during a shooting in North Las Vegas
North Las Vegas police on deadly shooting
North Las Vegas police spokesman Eric Leavitt briefs the media about a shooting that left an 11-year-old girl dead on Nov. 1, 2018. (Katelyn Newberg/Las Vegas Review-Journal)
Stephan Bonnar DUI Arrest
Stephan Bonnar arrested for DUI in Nevada.
Family members of murder victims talk about their loss
Family members of murder victims talk about their loss. Susan Nash, 52, was killed in a shooting along with her daughter and one of her three sons on Sunday night. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Sayegh Cold Case Turns 40
Cary Sayegh was abducted from the playground of the Albert Einstein Hebrew Day School in Las Vegas in 1978. His body has never been found. (File Photo)
Review held in death of man after encounter with Las Vegas police
The mother of Tashii Brown, who died after an encounter with Las Vegas police on the Strip, not satisfied after public review of evidence. (K.M. Cannon/Las Vegas Review-Journal)
Vehicle of Interest in January Homicide
Las Vegas police released footage Friday of a “vehicle of interest” from a deadly shooting in January. (Las Vegas Metropolitan Police Department)
Hostage escapes clutches of robber before shooting
Metropolitan Police Department footage shows a man wearing a motorcycle helmet, identified by police as 27-year-old Mario B. Trejo, with one arm wrapped around a woman’s neck and held a handgun to her head.
Sunset Park Vigil
A small group of people gathered in Sunset Park to remember the three children recently killed in the area.
News Headlines
Add Event
Home Front Page Footer Listing
You May Like

You May Like