Floyd Wallace filed a motion for leave to file a sur reply in opposition to defendant Las Vegas Metro Police’s motion to dismiss in his Las Vegas based federal civil rights lawsuit.
In the new filing, Wallace states that his sur reply, if granted, will be no more than eight pages and cover issues raised in the LVMPD’s reply to Wallace’s previous reply to the motion to dismiss.
The LVMPD’s filing took Wallace to task for having the ability to seriously respond to their motion but choosing not to. Wallace’s filing replies, “LVMPD newly argues that I failed to oppose LVMPD’s motion to dismiss (Reply, 4:15-16, 7:4-16). It is not my responsibility to address all two hundred of LVMPD’s errors, like its laughable claims that filming a ‘prohibited area’ from public is illegal and a crime known as attempted trespass” and “My complaint is well plead, I clearly opposed every one of their factual assertions and countered with the actual facts in the complaint, and I clearly opposed their motion to dismiss.”
The filing indicates that Wallace will continue to claim in his reply that police used excessive force by pointing a gun in the general direction of his head, that he was arrested for filming a public police encounter and that Wallace feels that the LVMPD’s motion was “full of incorrectly applied laws and facts.”
Plaintiff Wallace also argues that he hasn’t asked for leave to amend his original complaint as that the complaint is sufficient, but should the court find otherwise, he requests leave to amend without the need to attach an amended complaint as he won’t know what to put in the amended complaint until the court honors his request to tell him what was deficient in his pleading.
Wallace was arrested in Las Vegas earlier in the year for attempted trespass at a police substation. The charges were recently dropped. He is seeking an award of $2,000,000 for alleged civil rights violations.
