Kirstin Blaise Lobato V. Las Vegas Metropolitan Police Department et al

Case Background

On July 23, 2019, Plaintiff Kirstin Blaise Lobato filed a Civil rights lawsuit in the District Court of Nevada, Las Vegas Division(Case number: 2:19cv1273). This case was assigned to Judge Richard F. Boulware, II and referred to Magistrate Judge Elayna J. Youchah

Cause

In May 2001, Kirstin Blaise Lobato, a young woman living in Las Vegas, Nevada, survived an attempted sexual assault. She successfully defended herself by cutting her attacker with a knife before escaping. Later that summer, on July 8, 2001, a man named Duran Bailey was brutally murdered in Las Vegas. The murder scene revealed a horrifyingly violent crime, with Bailey’s body showing severe trauma, including stab wounds, slashes, and mutilation. However, Lobato was nowhere near the crime scene. She was in Panaca, Nevada, over 170 miles away, where multiple witnesses confirmed her presence from July 2 to July 9. Despite this alibi, detectives Thomas Thowsen and James LaRochelle of the Las Vegas Metropolitan Police Department (LVMPD) wrongfully accused her of Bailey’s murder.

The detectives ignored exculpatory evidence, manipulated witness statements, and fabricated a false confession during an interrogation. They distorted her account of the attempted assault in May, twisting it to claim she had confessed to Bailey’s murder. There was no physical evidence linking her to the crime. The fingerprints, shoeprints, and DNA found at the crime scene did not match hers. Furthermore, her car and belongings showed no traces of blood or other evidence. Despite the lack of probable cause, LVMPD arrested and charged Lobato, leading to a series of wrongful prosecutions.

Injuries

The misconduct by Detectives Thowsen and LaRochelle directly caused Kirstin Blaise Lobato to lose over 16 years of her life. In 2001, she was incarcerated as an 18-year-old high school graduate with a bright future ahead. Her wrongful conviction stripped her of critical years during the prime of her life. Lobato missed family milestones, holidays, and life experiences that others take for granted. The emotional toll of being unjustly branded as a murderer weighed heavily on her mental health, causing immense suffering. Her time in prison was marked by isolation, stigma, and fear, which compounded her psychological trauma.

Damages

The wrongful conviction caused irreparable harm to Kirstin Blaise Lobato. She endured years of emotional and psychological pain, including the humiliation of being accused of a crime she did not commit. The deprivation of liberty and normal life experiences, such as building a career, further devastated her. Lobato was forced to endure the shame and public scrutiny of being labeled a criminal. She lost valuable time to develop personally, professionally, and socially, leaving her far behind her peers. After her release in January 2018, she faced significant challenges in rebuilding her life after more than a decade and a half in prison.

In her lawsuit, Lobato sought compensatory and punitive damages to address the years of suffering caused by her wrongful conviction.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Kirstin Blaise Lobato
    • Counsel for Plaintiff: David Benjamin Owens | Edmund J. Gorman Jr. | Elizabeth C. Wang | Megan Colleen Pierce | Rajan Olarita Dhungana
  • Defendant(s):Las Vegas Metropolitan Police Department | Thomas Thowsen | James Larochelle
    • Counsel for Defendants: Andrew Douglas Yates | Craig R. Anderson

Claims

Kirstin Blaise Lobato filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Las Vegas Metropolitan Police Department and detectives Thomas Thowsen and James LaRochelle. She accused the defendants of fabricating evidence, manipulating witness statements, and coercing a false confession, all in violation of her Fifth and Fourteenth Amendment rights. Lobato also claimed that the LVMPD failed to train and supervise its officers properly, allowing such misconduct to occur. Additionally, she brought state-law claims, including malicious prosecution, abuse of process, and intentional infliction of emotional distress.

She emphasized the lack of probable cause for her arrest and prosecution, the deliberate actions of the detectives to frame her, and the resulting damage to her life and reputation. Through this legal action, she aimed to hold the defendants accountable and prevent future misconduct by law enforcement officials.

Defense

The defense, led by detectives Thomas Thowsen and James LaRochelle of the Las Vegas Metropolitan Police Department, denied the allegations of misconduct in their investigation of Duran Bailey’s murder. They asserted that their actions during the investigation were lawful, reasonable, and carried out in good faith under the color of law. They contended that they followed proper investigative protocols and procedures and were not responsible for any constitutional violations claimed by Kirstin Blaise Lobato.

The defense maintained that probable cause justified their actions, including Lobato’s arrest and the subsequent charges. They argued that any evidence collected or statements made during the investigation were obtained lawfully and without coercion. Additionally, they denied fabricating or manipulating evidence or witness statements, asserting that their conduct adhered to established law enforcement standards.

The detectives further claimed immunity under applicable federal and state laws, stating that their actions fell within the scope of their employment and did not violate Lobato’s constitutional rights. They argued that the LVMPD had no policies, practices, or customs that would have led to the alleged misconduct and denied any failure in training or supervision on the department’s part. Moreover, the defense denied liability for any emotional or financial damages Lobato claimed and sought dismissal of the lawsuit.

Jury Verdict

On December 12, 2024, the jury found in favor of the plaintiff, Kirstin Blaise Lobato, and ruled against the defendants on the claims brought forward. They awarded Kirstin Blaise Lobato $34,000,000 in compensatory damages for the immense harm, suffering, and loss caused by her wrongful conviction and imprisonment. In addition to compensatory damages, the jury imposed punitive damages to hold the defendants individually accountable. They ordered Defendant Thowsen to pay $10,000 in punitive damages and Defendant LaRochelle to pay $10,000 in punitive damages.

In total, the jury awarded $34,020,000 in damages, reflecting both the severe impact on Lobato’s life and the defendants’ misconduct.

Court Documents:

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