Despite rumors circulating on Wednesday, Jose “Chille” DeCastro’s lawsuit against the Las Vegas Metropolitan Police has not been thrown out and remains active as of Thursday morning.
Rumors flooded forums across the internet on Wednesday following the release of Youtuber Marc Stout’s video on his “Frauditors Exposed!” YouTube channel entitled “Federal Court Dismisses Chille DeCastro’s Claims Against Las Vegas Police.”
In the video, Stout makes it clear that he is referring to the September ruling by Judge Andrew Gordon, that gutted a good portion of DeCastro’s case but left standing major portions to go forward to trial.
The rumor mill picked up Stout’s poorly worded headline and those who didn’t watch Stout’s video or pay any attention to news outlets like ourselves or P Docs’ The Public Documents of Chille DeCastro page ran with the story without verifying if it was true.
A second motion for summary judgment was filed in the case in late October, with the LVMPD’s latest filing coming just two days ago. That filing was a response to DeCastro’s rebuttal of their motion.
The judge has yet to rule on the motion and even if it succeeds, the case is moving towards trial as DeCastro’s claims of excessive force are not covered by the first or second motions for summary judgment.
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
As of December 19, 2024, both PACER and the Court Listener pages show no actions by Judge Gordon to “throw the case out.”
Any action to do so would be unusual with the Courts rushing to next week’s holiday break and the fact that the last filing in the case was made three days ago. Plus, there would be a published record of it, the news would be everywhere, and the case wouldn’t have moved forward past the first motion for summary judgment that Stout was reading in his video.
While DeCastro himself has pledged that he would be filing a second lawsuit against the LVMPD, he cannot sue them again in the same Federal District Court for the same reasons as outlined in his existing active case. His claims that he’s filing again (which he’s been making for months now), only compounded the confusion with Stout’s commentary and helped spread the rumor.
Again, when in doubt, check our coverage. Check PDoc’s page. If and when the original LVMPD lawsuit ends, we’ll be the first to tell you about it. The actual documents will be posted on our site and in our forums, in Masshole’s forums, and there will be actual videos and real reactions flooding your feed with the news.
While we all want the case to end, sadly, DeCastro’s “Constitutional Law Scholar” board game has a better chance of coming out for the holiday than the case being dismissed before Christmas.
