Scott Martin Jr. v. Washoe County Sheriff's Office, et al.

Summary

The United States District Court for the District of Nevada adopts the magistrate judge’s Report and Recommendation and dismisses Scott Martin Jr.’s second amended 42 U.S.C. § 1983 complaint. Claims against the Reno Police Department and Washoe County Sheriff’s Office are dismissed without prejudice and without leave to amend, while claims against the Washoe County District Attorney’s Office are dismissed with prejudice; the case is closed.

Holdings

1. When a party does not timely object to a magistrate judge's report and recommendation, the district court is not required to conduct review of issues not subject to objection and may adopt the recommendation.
2. The second amended complaint failed to state essential elements of claims for Monell liability, false arrest, and cruel and unusual punishment against the named governmental defendants, warranting dismissal.
3. The claims against the Washoe County District Attorney's Office were dismissed with prejudice because prosecutorial functions are protected by absolute immunity.
4. Dismissal without leave to amend was appropriate as to the Reno Police Department and Washoe County Sheriff's Office after repeated failure to cure deficiencies identified by the court.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when the plaintiff filed no objection.
2. Whether the second amended complaint adequately pleaded § 1983 claims for Monell municipal liability, false arrest, and cruel and unusual punishment against the named defendants.
3. Whether claims against the Washoe County District Attorney's Office were barred by absolute prosecutorial immunity.
4. Whether dismissal should be with prejudice or without leave to amend after the plaintiff repeatedly failed to cure deficiencies identified by the court.

Disposition

dismissed