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Gilbertson Investigations Inc. · Nevada Casework

Nevada Casework,
Retained in Federal Court

$42M
Plaintiff settlements & judgmentsSecured by retaining counsel in matters since 2014 · See the case file

Direct line: (239) 571-1840  ·  GregoryGilbertson@proton.me

Attorney and law-firm inquiries only

Use of force · False arrest · Police practices · Federal Court

Every Nevada entry in this practice file is a federal civil rights matter: false arrest, use of force and wrongful death claims, with a police practices matter beside them. Professor Gilbertson reads such a record from the dispatch log forward, through the video, the reports and the training file, and measures it against the agency's own policy, its training, and national standards and practices. What follows describes that reading, is candid about the size of the Nevada file, and marks where the opinion stops.

From the Bench
U.S. District Court Western District of Washington

Ruling on a motion to exclude his testimony in Alvarez v. King County, No. C16-0721RAJ, 2017 WL 3189025 (W.D. Wash. July 27, 2017), Judge Richard A. Jones entered the following opinion.

“Mr. Gilbertson’s qualifications demonstrate extensive experience in policing. His expansive work as a police officer in Georgia, with assignments as a SWAT team officer, juvenile court investigator, school resource officer, stakeout squad officer, senior patrolman, and patrolman; then a career as a tenured college professor and university lecturer teaching criminal justice courses to degree-seeking students at colleges and universities, and as a licensed private investigator conducting felony pretrial investigations for attorneys in Washington State in dozens of criminal cases, makes him unique in the field of police expert witnesses. The Court finds that, based on his experience, Mr. Gilbertson’s testimony can be expected to have a reliable basis in knowledge and experience of police practices.”

The Hon. Richard A. Jones United States District Judge
The Ground

The shape of the Nevada file.

The Nevada file is federal civil rights work: an arrest challenged as unlawful, force challenged as excessive, a death that followed a police contact, and alongside them a matter the file labels police practices. It is not a deep lane in the practice, and nothing on this page argues otherwise; what the page can do is say what those matters asked of the record. Under each of them sat the same question, put to different paper: what the involved officers did, what the agency had trained and directed them to do, and whether the conduct matched the direction.

Dispatch is where such a record starts. The dispatch log and the radio traffic fix what the responding officers were told before they arrived, and the rest of the record is read against that starting point: the body-worn and dash footage, the incident report and each supplement to it, any use of force report and the supervisor's review of it, the internal affairs investigation when there was one, the training and discipline history of every officer involved, and the version of the agency's policy the officers were bound by on that date.

Reading it is a matter of order. The analysis fixes what each officer knew and when, from the record, and only then measures each decision against national standards and practices, against the written policy the agency had in place, and against the training its officers had actually received, on the totality of the facts and circumstances. Force is judged on what the officer knew then, not on what the file taught everyone afterward. Where the record is thin, the opinion says the record is thin, and the gap becomes a finding rather than an assumption.

What the analysis will not do is fixed at the start. Legal conclusions remain counsel's; the expert addresses police practices. Medical, scientific and technical questions are handed to the experts qualified in them, on the record, and the handoff is written into the report rather than left for cross-examination to find. The outcomes the practice publishes are collected on the selected case results page, which this page points to and leaves alone.

On the Record

The Nevada file, on the record.

4Nevada matters in the practice file
4Federal court matters
0State court matters
4Distinct matter types
Matter types in the Nevada fileUse of force1False arrest1Police practices1Wrongful death1A matter may carry more than one type.
About this listing. No Nevada matter is published here with its outcome. Under the same rule as the nationwide selection, a result appears only where the outcome is on the record, and no result is promised or implied for any matter. The Nevada matters in the practice file are provided to retaining counsel in the complete table of cases on request.
Metro Areas

The Las Vegas file, read agency by agency.

Four of the four Nevada matters in the practice file name Las Vegas in the citation, and the agencies those citations name are Las Vegas Metropolitan Police Department and the City of North Las Vegas.

A matter is counted here only when its own citation names the place or an agency of it; nothing is inferred from a court, a docket or a judge. The published results, where there are any, are on the panel above and on the case history page.

What the Las Vegas citations add to the reading above is an agency question. They name more than one agency, and before any measuring starts a Las Vegas record has to establish which agency each involved officer answered to, because the policy and training the conduct is measured against are the ones the record shows applied to that officer, not a composite of the agencies the citations name.

Where officers of different agencies took part in one encounter, the agency question is taken officer by officer, and the report fixes which direction each officer was under before it says whether the conduct matched that direction. Whether the conduct matched is the practices question; what follows from it in law remains counsel's.

The file is not a profile of either agency. The kinds of claim it holds are named above, and where a citation names its court, that court is D. Nev. For a Las Vegas claim that turns on force, the frame is the excessive force practice area, linked below with the other practice areas.

Courts & Admission

A federal file, and the question that stays with counsel.

Every Nevada matter in the practice file has been a federal matter, and this page is built on that record rather than on a state court record it does not have. The Library explains the claim itself at what a claim under Section 1983 consists of; what the analysis brings to one is the reading set out above.

The file holds no Nevada criminal retention. A criminal case would be read by the same method, and that part of the practice is set out under criminal defense support.

Admissibility in any particular matter remains retaining counsel's responsibility. The courts where testimony has been admitted are listed on the Library page on how many matters and where.

Practice Areas

How the Nevada claims map onto the practice areas.

The Nevada claims fall on ground the practice already has pages for. A false arrest claim belongs to the false arrest practice area, which sets out the probable cause and detention questions in full. A use of force claim belongs to the excessive force practice area. Where a wrongful death claim turns on force, that page is the frame for it as well.

The police practices label is the practice's general one, and the practice area overview shows what falls under it. The question of distance belongs to the Library, which answers it for every state at what nationwide means for an expert witness.

The Engagement

Retaining from Nevada.

Retaining from Nevada runs on the same terms as every engagement. It opens with a conflict check, and counsel hears about a conflict immediately. A first inquiry holds the case type and posture, the jurisdiction and case number, the governing deadlines, what the record contains so far, and the parties for the conflict check. Nothing privileged travels with a first inquiry, and privileged material is never exchanged by email.

After retention the record travels on physical media, a computer flash drive or an external hard drive by mail or courier; online sharing services are not used. Depositions are taken by Zoom or a similar platform, so a Nevada deposition does not wait on a travel calendar. Expert reports require sixty days of advance notice, and a bullet-point outline of the report is approved with retaining counsel before writing begins.

The practice is based in Naples, Florida, and trial testimony is offered in Nevada on the published travel terms. The fee schedule and the travel terms are set out in full on the For Counsel page, and the Library note on what to send with a first inquiry covers the first step item by item.

Questions

Counsel ask about Nevada.

Would Nevada counsel defending an officer or an agency be turned away?
No. The plaintiff's side of civil rights litigation, the criminal defense bar, and lawyers who defend officers and agencies all retain the practice, and a Nevada matter from any of those directions is taken on the same terms and read by the same method. Nothing on this page records which side sent the Nevada matters.
Why does the Nevada panel show matters but no published rows?
The two answer different questions. The panel answers in which court the Nevada retentions sat and on what kind of claim; rows, where a state page has them, answer how a matter ended, and the note under the panel explains when a matter qualifies for one. On this page the panel is the whole of what is shown about the Nevada file, and it should be read as a retention record: not a result, not a side, and not a forecast for any matter now pending.
Where does a police practices opinion stop in a Nevada wrongful death claim?
At the conduct. The opinion addresses what the officers did before, during and after the contact, what the officers had been directed to do by policy and by training, and whether generally accepted practice was followed, on the totality of the facts and circumstances. How the person died is a medical question, and it goes to a qualified medical expert, on the record. The report draws that boundary itself, so that no one has to draw it for the expert at deposition.
What does the analysis do with body-worn video that misses part of a Nevada encounter?
It says so. The camera is a witness in the record, not the record itself, and where it starts late, points away or stops early, the gap is marked and what the rest of the record says about that interval is set out, with the limits of each source stated. A missing stretch of footage is not read as proof of what happened during it. Where the technical reading of footage is itself disputed, that is a question for an expert qualified in it, not for a police practices witness.
Retain

Discuss a Nevada matter.

Attorney and law-firm inquiries only. Conflicts are checked before anything substantive, and you will hear about a conflict immediately.

Counsel inquiry

A Nevada inquiry can say whether the dispatch log, the radio traffic and the video are in hand yet.

Inquiry sent.

You will hear back directly. If the matter is urgent, call (239) 571-1840.

(239) 571-1840Direct line, Naples, Florida GregoryGilbertson@proton.meDirect email, prefilled for this matter.
Nationwide practiceRetained in 42 states and D.C. · Based in Naples, FL

Conflicts are checked before any substantive discussion. Please do not send privileged material with a first inquiry; after retention the record is exchanged on physical media. Gregory consults for attorneys and their staff only, and does not provide legal advice or attorney referrals to individuals.