Opinion
C22-5064-JCC
01-10-2023
DARYL ROGERS, Plaintiff, v. CLARK COUNTY CORRECTIONS, et al., Defendants.
JUDGMENT IN A CIVIL CASE
___ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.
THE COURT HAS ORDERED THAT
The Report and Recommendation is approved and adopted. Defendant Clark County's motion TO dismiss is granted as to Plaintiff's state law claims, his Americans with Disabilities Act (“ADA”) and Rehabilitation Act (“RA”) claims, and his respondeat superior claim. Defendant's motion is denied to the extent Defendant seeks dismissal of this action based upon improper service of the complaint and the statute of limitations.
Plaintiff's complaint is dismissed with prejudice as to his state law claims, and as to his claims against Clark County Corrections and the Clark County Sheriff's Office. Plaintiff's complaint is dismissed without prejudice as to his ADA/RA claims, his respondeat superior claim, and the federal constitutional claims asserted against the individual Defendants listed in his complaint.