Appeals court rules Metro not liable in excessive force case

Monday, Oct. 8, 2001 | 9:28 a.m.

CARSON CITY -- Metro Police was not liable for an officer who was found to have used excessive force while arresting a woman in 1994, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals ruled there was no evidence presented by Brenda Lee Nadell at the trial of Officer Steven Leyba to show the use of excessive force was a formal policy or a widespread practice of the police department.

In setting aside the jury's verdict against Metro, the appeals court said Nadell failed to show there were previous similar cases in which the offending officer was not fired or disciplined by the department.

The jury had found the police department violated Nadell's civil rights by failing to investigate and to discipline Leyba for using excessive force.

Nadell had been awarded a nominal sum of $1 by the jury. She had appealed, hoping to set aside that sum and get a bigger payout. But the circuit court denied her.

The court on Friday upheld the jury's findings in other parts of the case, including that Leyba used excessive force by repeatedly hitting Nadell, pushing her against the wall and wrestling her to the ground after she attacked officers.

During the incident on July 22, 1994, at the home of Michael Laing, Leyba arrested Nadell on charges of battery on a police officer. The district attorney's office at first declined to prosecute her.

Nadell and her husband, Brian, then filed a complaint with Metro's Internal Affairs Bureau, accusing Leyba of using excessive force.

Leyba notified the district attorney's office of Nadell's complaint; the DA then filed two misdemeanor battery charges against her.

Nadell and her husband replied with the federal lawsuit.