Months after the request by plaintiff Jose “Chille” DeCastro for Judge Andrew P. Gordon to recuse himself from DeCastro’s on-going federal civil rights lawsuit against the Las Vegas Metro Police Department, the Judge denied DeCastro’s motion.
In a late afternoon housekeeping filing before the Easter holiday, Judge Gordon released his ruling denying the recusal, stating that DeCastro failed to prove that Gordon had a deep-seated bias against him that would preclude him from getting a fair trial.
DeCastro’s original motion was filed on November 14, 2023, almost immediately after Gordon threw out the majority of DeCastro’s claims in the lawsuit while granting DeCastro leave to file a reduced amended complaint based on a handful of the remaining claims.
In DeCastro’s filing for recusal, he essentially took issue with Gordon’s rulings stating that the arresting officer in the incident that sparked the lawsuit, Brandan Borque, had probable cause in the encounter and that all the officers involved had qualified immunity in the case.
In those rulings, Gordon pointed out that despite DeCastro being a pro se plaintiff, and having some leniency for mistakes, DeCastro failed to provide a specific arguments based on established law in order to show the officers lacked probable cause and qualified immunity in the arrest.
DeCastro further questioned Gordon’s ruling that Officer Borque had discretional immunity in the case, and thus somehow gave the appearance of bias. DeCastro stated that the judge appeared to have a bias as ruled against DeCastro for failing to adequately state legal reasoning to challenge the discretional immunity ruling.
DeCastro Demands Judge Recusal
Ironically, DeCastro’s motion for recusal also failed to present legal reasoning for the judge to recuse himself, only citing 28 U.S. Code § 455(a), “which mandates that a judge must disqualify themselves in any proceeding in which their impartiality might reasonably be questioned” as reasoning for the recusal.
Since Gordon’s rulings against DeCastro last fall, DeCastro was found guilty of both charges in the case that sparked the lawsuit. Judge Ann Zimmerman found that officer Borque had probable cause to arrest DeCastro. A ruling on qualified immunity was not issued by Judge Zimmerman as DeCastro failed to argue against it.
DeCastro is currently serving two consecutive 90-day sentences in the Clark County Detention Center.
Case Links
The Public Documents of Jose Maria “Chille” DeCastro
https://thepublicdocuments.com/
DeCastro vs. Peter, etc. – California State Superior Court
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil (Use case: 23SMCV00538)
DeCastro vs. Las Vegas Metropolitan Police Department
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
DeCastro vs. Mcknight (Federal Court filed in Nevada vs. Ohio)
https://www.courtlistener.com/docket/68308740/decastro-v-mcknight/
DeCastro vs. Wagner (Ironton) – APPEAL
https://www.courtlistener.com/docket/67862227/jose-decastro-v-pam-wagner/
Feb 14, 2024 Arrest (Las Vegas)
https://municourt.lasvegasnevada.gov (Defendants, DeCastro, Jose, 9/11/74)
Maryland Criminal Complaint by Collin Campbell
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CR-24-000572)
DeCastro vs. State of Nevada (Appeal of March 2024 conviction)
https://www.clarkcountycourts.us (Use case: C-24-381730-A)
DeCastro vs. Evan McKnight, Defendants (Lawsuit against Ironton filed in Nevada state court)
https://www.clarkcountycourts.us (Use case: A-24-888450-C)
Rodgers v. Winfrey (Deboraugh Rodgers Federal Case)
https://www.courtlistener.com/docket/66901243/rodgers-v-winfrey/
Dollarhide v. Dickens (Jason Dollarhide Federal Case)
https://www.courtlistener.com/docket/64862375/dollarhide-v-dickens/
DeCastro vs. Abrams & Peter (Dismissed)
https://www.courtlistener.com/docket/64946355/decastro-v-abrams/
DeCastro vs. Wagner (Ironton) (Dismissed)
https://www.courtlistener.com/docket/63235878/decastro-v-wagner/
DeCastro vs. Las Vegas Metropolitan Police Department – APPEAL (Dismissed)
https://www.courtlistener.com/docket/67693595/jose-decastro-v-lvmpd/
Wallace v. Las Vegas Metropolitan Police Department (Dismissed)
https://www.courtlistener.com/docket/67423252/wallace-v-las-vegas-metropolitan-police-department/
Maryland Peace Order by Collin Campbell (Closed)
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CV-24-809545)
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