Ex-DA Gives Update On Chille DeCastro's Federal Lawsuit In Las Vegas Against The DA and Judges.

[00:00:00]But let's take a look at the federal lawsuit brought by Chile against Judge Levit who as you know reversed his convictions against Judge Zimmerman and then Agnes the prosecutor Clark County etc etc. There was a motion to dismiss brought by Agnes the prosecutor all for the same cases I gave you a long while back about prosecutorial immunity immunity. Now, in fairness to Shelley, I think he said that he expects to lose at the district court level and needs to have it appealed. The problem that I see is the court is making a determination as a matter of law. Judge Gordon is already the federal judge has already made a decision about prosecutorial immunity and um the immunity is absolute when it deals with prosecutorial functions.

[00:00:55]And so where the immunity drops off, as I said in another couple videos back, um when it gets into investigative work, administrative decisions, things that are not an advocacy function. So when I was a prosecutor, uh unlike Merb who is a he what's he like family law attorney, you know, he always likes to comment on legal issues involving criminal acts, but he's never actually set foot uh as a prosecutor in any of these courtroom.

[00:01:24]But of course he he knows it all broadcasting from his 1997 Ford Tempo.

[00:01:32]The way that this is set up is to protect prosecutors from being sued for doing their jobs.

[00:01:41]But judges when they're making personnel decisions do not have absolute immunity.

[00:01:45]So, um, based on the complaint and the allegations of the complaint, so far all I see is advocacy and therefore Agnes is going to get out of the case, but Chile will appeal. You know that. Then there was the issue of serving the two judges, including the one that gave him his reversal. I don't know why he decided to sue her, but uh, one will be sued by email, that's Judge Levit, and another by publication. If I remember correctly, that's Judge Zimmerman. and uh he has until August 7th to make that happen.

[00:02:17]He's been given some extensions and he did the right thing Chile did by coming into court seeking forgiveness and putting forward arguments to avoid the case being dismissed. So the magistrate judge has already recommended dismissal.

[00:02:32]Then there was the other thing that happened which is uh discovery and Agnes did a good move here because she has a pending dismissal motion. She said in her movie papers, look why uh you know why should discovery be allowed when you know we have a dispositive motion on file that if granted and likely to be granted you know why do we need to be put to the expense of discovery. Now, one of the things that I didn't see Chile argue is this.

[00:03:07]Were there any factors that Agnes got involved in that went beyond advocacy?

[00:03:14]See, the problem that Chile faces, and it's a ter it's it to me, he loses on this is if he's saying that, you know, she advocated this and that and allowed perjured testimony or knowingly false testimony. Chill's got a stack deck here. uh his complaint was it did not have enough facts that would create a disputed issue of fact that I saw as to Agnes but then again have other things to do and right now it's just waiting for Judge Gordon to dismiss it then comes the appeal and as far as uh the entities the argument is being made is that um you know he sued uh Clark County and they're saying wait a minute we're a separate and distinct legal entity than the Las Vegas Municipal Police Department. We have nothing to do with whatever the LVMP did. Therefore, the courts are saying this is a pure question of law. We don't need discovery for this. So, let's just take a quick look at the docs. But, I know you watch my videos. I never ever put you down.

[00:04:19]Yet, you always lump me in with the people that, you know, take take shots at you. Okay? I call it as I see it. I don't try to hurt your business. I don't make fun of you. I don't call you names.

[00:04:32]I don't do any of that [ __ ] I just look at the stuff and then come to a determination. Yet, you're still persistent calling me a troll.

[00:04:41]So, here is the magistrate judges. And right here is the date was filed with the court. How many pages when you go through the uh electronic filing system?

[00:04:49]And then here it says report and recommendation, which would go to Judge Gordon. And then it says deadline has passed for service on the two judges.

[00:04:57]just to save time. Recommended that uh the case be dismissed for failure to prosecute an order for okay for this court is a motion of state discovery by Agnes and Clark County and the magistrate judge granted it. Now look at this. They're referring the judge magistrate judge referring to Chile as a public commentator on police accountability. That's interesting because they're making an affirmative statement basically through this that they find him to be a public figure. And then it says here, this is not this is not a difficult case. Cuz here's how that works. You file your 12B6 and U. Mer, have you ever actually filed a 12B6? I I couldn't find any. I filed one involving a hotel in downtown Los Angeles that got a case dismissed. I filed them in a in a published decision in San Diego federal court. I've done it many times. And uh what about you, Mr. I'm an expert on all things. You're the guy that lied and told everybody that I cited to the California style manual in federal court. I got a published decision in 2016 in federal court on real estate leases for Burger King franchises that are now the binding authority in the Ninth Circuit. And that was before you even finished law school. So stop with your [ __ ] about me. Okay.

[00:06:23]Anyway, the court is basically saying we don't want to have to entertain discovery because these cases are likely to be approved as dismissed when Judge Gordon looks at it. And here it says here, to the extent the plaintiff Chile argues that discoveries need to determine whether Clark County can be sued under this statute, the court disagrees. It's a legal issue, not a factual dispute. And that's what I said to Chile when he was drafting his complaint.

[00:06:52]I said, "What favors you, Chile, are factual disputes because those become hard to resolve on a 12v6."

[00:07:03]So anyway, uh here it says, "Plaint appears to believe that Clark County can be liable for the actions of Metro and the state court judges of Metro is its own separate legal entity."

[00:07:14]In summit preliminary view, the motion to dismiss convinces this court that plaintiff has failed to state a claim against these two defendants. Turn the court finds that stay in discovery will further the goals annunated in federal rule one.

[00:07:26]Here was Agnes' response to plaintiff's objections to the order stay in discovery.

[00:07:31]And they basically uh rehash again which is how that works.

[00:07:37]Then the court will disc expressly say that judge Gordon will decide the motion to dismiss which is why it's still pending on the docket.

[00:07:44]There was a final order. Yeah. So the final order is uh Chile because he did request additional time and he did show at least enough that the mastery judge is saying look you know what just throwing this case out would be a waste of judicial time. We've already worked on it. So I think what they said is we'll give you another 60 days to get the service done. But right now, um, absent service, she's she's looking at a dismissal and the judge is kind of making it known. So, we'll just have to kind of wait and see. Catch you on the next