Smith v. Las Vegas Metropolitan Police Department

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Mary Smith on behalf of James Perea, Case No.: 2:23-cv-00092-JAD-NJK 4 Plaintiff Order v. 6|| Las Vegas Metropolitan Police Department, et al., 7 Defendants 8 9 Plaintiff Mary Smith, who is the special administrator of the estate of James Perea, brings 10]| this counseled civil-rights action under 42 U.S.C. § 1983.! Smith paid the $402 filing fee for a civil action.? Although the complaint alleges conditions-of-confinement violations and wrongful death within the Clark County Detention Center, this case is not subject to the screening 13]| requirements of 28 U.S.C. § 1915,> so it will now proceed to the normal litigation track. 14 Dated: February 23, 2023 15 US. District Judg 16 17 18 19 20 ECF No. 4 (corrected image of complaint). 2 ECF No. 8. See generally 28 U.S.C. § 1915A (screening applies when a prisoner files a complaint); see Olivas v. Nevada ex rel. Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A applies only to claims brought by individuals incarcerated at the time they file 3 their complaints”); see Lopez v. Smith, 203 F.3d 1122, 1126, 1129 (9th Cir. 2000) (recognizing that screening under 28 U.S.C. § 1915(e) applies to actions filed in forma pauperis whether or not the plaintiff is incarcerated).