Legal Opinion

Smith v. Olvera

District Court, D. Nevada

Decided March 5, 2025No. 3:23-cv-00225Unknown

1Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JAMES DRISCOLL SMITH, Case No. 3:23-cv-00225-ART-CLB 7 Plaintiff, ORDER GRANTING SUMMARY v. JUDGMENT 8 OLVERA, et al., 9 Defendants. 10 11 Pro se Plaintiff Smith, an inmate in custody of the Nevada Department of 12 Corrections (“NDOC”), brings this

42 U.S.C. § 1983

action against Defendants 13 Brian Olvera, Joshua Taylor, and Jacob Ballensky, who are officers with the City 14 of Elko Police Department. Smith claims that his Fourth Amendment rights were 15 violated when Defendant Olvera used excessive force against him and Defendants 16…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
  5. Marsh v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2012

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