The Las Vegas Metro Police Department filed a motion for leave to file supplemental evidence in support of summary justice in DeCastro’s on-going federal civil lawsuit against them on Friday.
In the motion, the LVMPD is essentially asking to update their responses to update their evidence to support their motion for a summary judgement that, if granted, would end the case.
The new evidence consists of facts related to DeCastro’s recent conviction of the crimes of interfering in a traffic stop and obstructing an officer that sparked the lawsuit. With DeCastro now convicted, most of his claims of improper arrest, lack of probable cause and the arresting officers issuing unlawful orders are now moot.
As MERB pointed out in a recent video made prior to the LVMPD’s filing, the only real cause of action left for DeCastro to pursue would be the claims of excessive force. While the submitted video evidence does not support DeCastro’s claim of being hit in the testicles during a pat down and he has yet to provide proof of physical damage to his ulnar nerve, the excessive force claims cannot be dismissed by his conviction.
It is unclear when or if DeCastro will be able to reply to the motion as he is currently incarcerated in the Clark County, Nevada, Detention Center.
In other Nevada court news related to DeCastro, the YouTuber was granted another extension in his second Nevada based federal civil rights lawsuit to file his Certificate of Interested Parties.
CLERK’S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by DeCastro. Certificate of Interested Parties due by 4/12/2024. (no image attached) (HAM) (Entered: 04/05/2024)
This is the second extension for DeCastro to file the Certificate in his case against the defendants from the Ironton, Ohio area. DeCastro is essentially attempting to refile his claims against the Ironton, Ohio, and Lawrence County, Ohio, police forces in both state level and federal level lawsuits in Nevada.
The original Ohio-based federal civil rights lawsuit is currently actively being appealed in the Court of Appeals for the Sixth Circuit.
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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