Summary
This Joint Pretrial Order from the United States District Court for the District of Nevada outlines the procedural posture and contested issues in a prisoner’s civil rights action brought under 42 U.S.C. § 1983. The plaintiff alleges that correctional officers used excessive force against him while he was restrained during an escort at High Desert State Prison. The order details the parties’ respective factual contentions, identifies uncontested facts, lists stipulated and contested exhibits, and names potential trial witnesses. The court has set a jury trial date for November 4, 2025, following the parties' agreement on the pretrial framework.
Topics
Practice areas
Questions Presented
- Whether the defendants’ use of force complied with Nevada prison policy and constitutional standards.
- Whether the defendants personally participated in a constitutional violation sufficient to support a §1983 claim.
- Whether punitive damages are available under Nevada law.
Factual background
Curtis Truman, an inmate at High Desert State Prison, alleges that on May 20, 2022 he was escorted by Defendants Thurston Moore, Darrion Houston, and Matthew Leong while handcuffed and leg‑shackled. During the escort the defendants allegedly lifted him, threw him to the ground, kicked and punched him, and later slammed him onto a metal bunk, causing injuries. Truman contends he offered no resistance.
Procedural history
The case was filed on December 12, 2022 alleging Eighth Amendment excessive‑force violations and Fourteenth Amendment due‑process violations arising from an incident on May 20, 2022 at High Desert State Prison. The court granted summary judgment to Defendant Rigney on the due‑process claim and denied summary judgment on the Eighth Amendment claim. The parties submitted pre‑trial statements and the court entered this joint pre‑trial order.