Judge Andrew Gordon denied a motion to dismiss Jose “Chille” DeCastro’s second amended complaint in his lawsuit against the Las Vegas Metro Police Department (LVMPD) on Monday, calling the motion “moot.”
Judge Gordon essentially said that because the defense’s motion to dismiss and their motion for summary judgment were so similar, he was denying the motion to dismiss to focus on the arguments that both sides have presented in the motion for summary judgment.
The motion for summary judgment has lingered long enough that DeCastro went from serving time for the base charges of obstructing an officer and interfering in a traffic stop when it was filed to now having the conviction overturned and the crimes stricken from his record.
DeCastro is now arguing that the state court of appeals finding must be accepted by the federal court as it heard all the evidence that DeCastro has presented and found in his favor.
The defense counters that the Judge in the Federal case has already sided with them on many things that the state court differed on, and they were not a part of the state court case or allowed to argue on their behalf, so the state court’s ruling is meaningless.
DeCastro was arrested in Las Vegas in March of 2023 after he attempted to talk to a driver who was actively involved in a traffic stop. DeCastro initially refused to follow instructions by officer Brandan Borque on the scene and was eventually arrested for interfering in the stop and obstructing an officer.
The YouTuber was convicted of both offenses in Nevada state court in March of 2024, with an appeals court overturning the decision in July of this year.
DeCastro filed suit in Federal court against the LVMPD claiming various offenses including permanent nerve damage, excessive use of force, violation of multiple rights, illegal search and seizure and supervisor liability.
Nearly half of his charges were thrown out last fall with prejudice, with the other half thrown out with leave to refile them if specific needs were met, leaving just the excessive force and supervisor liability charges left without questions.
Ignoring the rulings, DeCastro essentially refiled all of the charges again with their original stipulations, resulting in both the motion to dismiss the second amended complaint and the motion for summary judgment by the defense.
Judge Gordon had ordered both sides to update their arguments based on the overturning of DeCastro’s conviction, with both sides complying with that order last week with briefings filed on August 23, 2024.
The ruling by Judge Gordon is expected later this summer.
