Lawrence Et Al V. Las Vegas Metropolitan Police Department Et Al

Case Background

The lawsuit was filed on December 30, 2016, by Plaintiff Jacqueline Lawrence in the Nevada State District Court of Las Vegas (Case number: 2:16cv3039). Judge Andrew P. Gordon presided over the case, with Magistrate Judge Nancy J. Koppe also involved

Cause

On December 31, 2015, Las Vegas Metropolitan Police Department (LVMPD) officers Robert Bohanon and Blake Walford fatally shot Keith Childress Jr. around 2:00 PM at 8335 Gilden Crown Court in Las Vegas, Nevada. U.S. Marshals deputies mistakenly identified Childress, who was unarmed and holding only a cell phone, as being wanted for attempted murder, which was false information. After officers shot Childress and he lay immobile on the ground, LVMPD officer James Ledogar released a police dog on him. The officers failed to provide timely medical care to Childress after the shooting.

Injuries

As a result of the shooting, Keith Childress Jr. suffered extreme pain and suffering before succumbing to his injuries. His family, including his children and parents, suffered the loss of his love, companionship, comfort, care, and financial support, leading to severe emotional distress and mental anguish. They also incurred funeral and burial expenses. Additionally, Childress lost his future earning capacity due to his death.

Damages

The plaintiffs sought various forms of compensation and damages in their legal action. They requested compensatory damages, including both survival damages and wrongful death damages under federal and state law, with the specific amount to be determined at trial. They also claimed funeral and burial expenses and compensation for loss of financial support. Additionally, they pursued punitive damages against the individual defendants, with the amount to be proven during the trial proceedings. The plaintiffs asked for interest on the awarded damages and sought to recover the reasonable costs associated with the lawsuit, including attorneys’ fees.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Jacqueline Lawrence | Keith Childress, Sr. Individually and as Successor in interest to Keith Childress, Jr., deceased | Carolina Navarro, guardian ad litem | on behalf of K.C. | Araceli Saenz, guardian ad litem | on behalf of A.S | Amber Neubert, guardian ad litem | on behalf of K.C. | Frederick Waid as special administrator of the Estate of Keith Childress, Jr
    • Counsel for Plaintiff: Dale K. Galipo| Peter Goldstein
  • Defendant(s):Las Vegas Metropolitan Police Department | Robert Bohanon | Blake Walford | James Ledogar
    • Counsel for Defendants: Craig R. Anderson| Jacqueline Victoria Nichols

Claims

The complaint alleges multiple civil rights violations under 42 U.S.C. § 1983, including excessive force, denial of medical care, and substantive due process violations. It claims municipal liability against LVMPD for failure to train, ratification of unconstitutional conduct, and maintaining unconstitutional customs and policies. State law claims for battery and negligence are also alleged. The complaint brings Bivens claims against U.S. Marshals deputies for constitutional violations. Wrongful death claims are asserted under both federal and state law. The plaintiffs seek compensatory damages, punitive damages, attorneys’ fees, and costs.

Defense

The Las Vegas Metropolitan Police Department (LVMPD) and the individual officer defendants denied most of the allegations in the plaintiffs’ complaint, admitting only basic facts like the identities of the parties involved. The defendants asserted that they did not violate any constitutional rights or use excessive force. They denied allegations of failing to provide medical care, violating due process, having unconstitutional policies, or being liable for wrongful death.

The defendants raised several affirmative defenses. They argued that the plaintiffs failed to state a valid claim, that LVMPD did not have any unconstitutional policies, that the officers acted in good faith and were protected by qualified immunity, and that any injuries were caused by the decedent’s own actions. They also challenged the plaintiffs’ standing to bring claims on behalf of the deceased. The defendants reserved the right to amend their defenses as the case proceeded. Overall, they denied liability and asked for the complaint to be dismissed with prejudice.

Jury Verdict

On June 26, 2024, the jury assigned responsibility for Keith Childress Jr.’s injuries and/or death among the parties involved. They determined that Keith Childress Jr. himself bore 75% of the responsibility. The jury assigned 15% responsibility to Sergeant Robert Bohanon, 10% responsibility to Officer Blake Walford, and 0% responsibility to Officer James Ledogar among the law enforcement officers. Regarding damages, the jury awarded $50,000 to each of the three heirs – Khylee, Atalaya, and Keilani – for grief and sorrow.

Court Documents:

Available Upon Request