Herndon v. City of Henderson, Thursday, September 3, 2026 - En Banc
Carson City – 10:00 a.m. – Full Court
This is an appeal and cross-appeal from a district court final judgment and post-judgment orders denying a motion for a new trial and granting in part a motion for costs in a civil action. The underlying lawsuit is against the City of Henderson and Sgt. Gillis (collectively, the City) after Sgt. Gillis and other law enforcement personnel tried to detain a suspect accused of stealing items from a Sportsman’s Warehouse. During the scuffle, an employee of Sportsman’s Warehouse, appellant/cross-respondent Jim Herndon, attempted to aid law enforcement in detaining the suspect. As a result of entering the scuffle, Herndon sustained injuries at the hands of Sgt. Gillis. Herndon tried this civil rights action before a jury and was awarded damages at trial. Following entry of the final judgment, Herndon appealed this case, arguing that he was entitled to un-capped damages and attorney fees as a result of his success at trial. The City filed a cross-appeal, arguing that an erroneous jury instruction and verdict form require a new trial.