H&P Law Completed the First Civil Rights Case in the History of Nevada State to Secure Compensation for James Herndon After the Use of Excessive Force

Alumna Marjorie Hauf ('02) is a partner at H&P Law, which completed the first civil rights case in the history of the State of Nevada. The press release was reposted from PRweb. 

HENDERSON, Nev. - H&P Law completed the first case involving civil rights tried under Nevada's Constitution in March 2024. The law firm represented Mr. James Herndon through Case #: A-21-842739-C after he sustained serious injuries in 2018 due to the use of excessive force by a police sergeant during an incident involving a shoplifted at a Sportsman's Warehouse. Mr. Herndon received $450,000 in damages.

Mr. Herndon turned to H&P Law after he sustained injuries caused by police sergeant Michael Gillis in 2018. The injuries occurred while Mr. Herndon worked as an assistant manager at a Sportsman's Warehouse in Henderson. The police came to the store after receiving reports of an armed shoplifter on the property from the store's loss prevention department.

At least seven officers came to the store, and two approached the man the police suspected of shoplifting. The man fled, tripped, and fell while close to Mr. Herndon, who had previously worked as a game warden for the Department of Wildlife for over two decades. Mr. Herndon responded to the situation based on his instincts, jumped on the suspect, and attempted to restrain him.

Four police officers approached Mr. Herndon and the suspect before Sergeant Gillis arrived, striking Mr. Herndon in the head with his M4 rifle, grabbing his neck, and kneeing him in the face twice. Mr. Herndon sustained an orbital fracture, memory loss, permanent nerve damage, and a concussion. Gillis also used a stun gun, according to information found in Herndon v. City of Henderson.

H&P Law filed a lawsuit against the City of Henderson, Sergeant Gillis, and five additional officers on behalf of Mr. Herndon in 2021. During the trial, attorney Marjorie Hauf from H&P Law brought up Gillis' previous inquiries involving excessive force, allegations of harassment, and the fact that he voided traffic tickets for his friends and family.

H&P Law handled the case and dealt with all the legal complications for Mr. Herndon. The case moved from federal court to the state court system after issues with supplemental jurisdiction. The firm gained the right to include a state constitutional claim in the case, allowing it to pursue damages at the state level. The case went through Department 7 of Clark County Nevada District Court with Judge Reynolds.

Seth Stoughton, who worked as an expert for the George Floyd case, provided assistance as the firm's police practices expert. Judge Reynolds oversaw the trial, which resulted in a six-hour jury deliberation and a verdict of $450,000 for negligence, excessive force against Sergeant Gillis, and deliberate indifference against the City of Henderson. Gillis retired.

While H&P Law feels a higher verdict may have sent a stronger message to Henderson about the importance of keeping the city safe, the firm is proud of Mr. Herndon for his six-year fight to improve the safety of the local community. More information comes from 8 News Now on March 11th, 2024.

About H&P Law

H&P Law has over 60 years of combined experience serving clients in Nevada. The award-winning law firm handles personal injury claims, helping accident victims secure the compensation they need to move forward with their lives.

The firm handles cases based on the values of unwavering advocacy, accountability, and justice. H&P Law handles claims in Clark County and Las Vegas, as well as other cities in Nevada. The firm draws on extensive courtroom experience while embracing its deep commitment to clients.

The firm's founding partners, Marjorie Hauf and Matthew Pfau, bring their dedication, passion, and experience to each claim they handle. You can learn more about H&P Law by contacting the firm's Las Vegas office. Interested parties can request more information by completing an online contact form or calling the firm, which provides free personal injury consultations.