Attorney Michael Mee, representing Jose “Chille” DeCastro attempted to rebut the Las Vegas Metropolitan Police Department’s second motion for summary judgment in a new filing in the case on Friday.
Mee’s motion essentially argues that the officers involved in the arrest of DeCastro should be held liable for searching DeCastro after arrest as the arrest was illegal and the search was retaliatory.
He also argues that the police do not have discretionary immunity for the arrest as the court has already found that a reasonable jury could find that the arrest itself was unwarranted, as found by the State court overturning the charges upon appeal.
As previously noted, despite the outcome of the motion for summary judgment, this lawsuit is still going to go forward on the following grounds:
- 42 U.S.C. § 1983 Fourth Amendment excessive force and excessive force claim against Officers Bourque and Sandoval based upon Nevada Constitution.
- 42 U.S.C. § 1983 First Amendment “chilling” claim and Free speech violation claim, and a claim based upon Nevada Constitution against Officer Borque and Sgt. Torrey.
- 42 U.S.C. § 1983 First Amendment retaliation claim, and free speech violation claim based upon Nevada Constitution against Officer Borque and Sgt. Torrey.
- 42 U.S.C. § 1983 selective enforcement and inequal police action claim against Ofc. Bourque and Sgt. Torrey as to theory of selective arrest based upon exercise of constitutional rights.
- 42 U.S.C. § 1983 selective enforcement and inequal police action claim for Ofc. Bourque and Sgt. Torrey as to theory of selective arrest based upon exercise of constitutional rights.
- Nevada state law battery claim as to Ofc. Bourque and Ofc. Sandoval.
DeCastro ignored the filing in his Friday night live stream, instead focusing on more videos of police officers behaving badly and on his rebranding to “First Amendment Auditor” and his launch of TeamDLZ.com.
The activist promised “uncensored” reaction videos to what he was displaying on the live stream over on TeamDLZ.com as part of the paid memberships. He said that the videos on the site featured his extreme “slowed down” analysis of the wounds suspects suffered during the arrest along with his expert analysis of the torture they suffered while in handcuffs.
DeCastro’s Patreon account picked up no new memberships on Friday, remaining at 52 over all members and 5 paid members. His new First Amendment Auditor YouTube channel now is up to 361 members as of press time. He took in $106.00 in super chats during the live stream.
