Thursday, September 3, 2026 - En Banc
Carson City – 11:00 a.m. – Full Court
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.
Carson City – 11:00 a.m. – Full Court
This is an original petition for a writ of mandamus challenging a district court’s denial of joint motions to dismiss a proposed class action. Real party in interest Dafna Noury alleges that the Eighth Judicial District Court, the CEO of its Administrative Office, and Clark County unconstitutionally retained the interest accrued on interpleader funds held in the Eighth District’s registry account, rather than returning that interest to the owner at the end of the litigation. Petitioners filed joint motions to dismiss, arguing that their actions were authorized by NRS 355.210 and were, thus, immunized by NRS 41.032(1). The district court largely denied those motions, prompting this petition. Petitioners seek mandamus relief instructing the district court to dismiss the underlying complaint in full and recognize their statutory immunity.
