Jury finds officer violated woman's civil rights

A Las Vegas woman who sued three Metro Police officers and the department on allegations that her civil rights were violated has been awarded $1 -- a verdict her attorney calls "a hollow victory."

The verdict announced Friday in the federal court of U.S. District Judge Philip Pro found that only one of the officers had violated Brenda Nadell's civil rights during an incident that occurred nearly five years ago.

The five-woman, two-man jury also found that the department violated Nadell's rights by not disciplining the officer and for not properly investigating her complaint.

Nadell sobbed as the verdict was read. She was comforted by her husband, Brian, who was unsuccessful in his bid to be awarded damages for loss of marital intimacy.

"This was a hollow victory," Curt Obront, the Nadells' co-attorney said after the verdict following the three-week trial was read.

"Their lives have been devastated and now this is a bruise on top of a bruise," Hugh Davis, the couple's other attorney, said of the verdict that was reached after about 13 hours of jury deliberations over 1 1/2 days.

While not forced to pay large compensatory damages, Metro suffered a constitutional defeat. Unless an appeal is won, the civil rights violation judgements will stand.

"It's much too early to say anything," said Metro Police spokesman Steve Meriwether. "There is too much that needs to be analyzed and it would be unfair for us to comment now (on what Metro will do)."

The jury found that officer Steven Leyba violated Nadell's civil rights on July 22, 1994, by using excessive force in arresting her and retaliating against her for filing a report against him with Metro's Internal Affairs Bureau.

The jury also found that the Las Vegas Metropolitan Police Department violated her rights by failing to discipline Leyba for using excessive force and by its Internal Affairs Bureau failing to properly investigate the First Amendment violation allegations.

Officers Greg Ziel and Michael Etherton were found to not have violated Nadell's civil rights.

"We thought it was a just verdict based on the evidence," said Brian Whitaker, attorney for the officers. "We don't know what we will do yet about an appeal. We will talk about it."

Brenda Nadell was arrested as she slept on the evening of July 22, 1994, at 5464 Consul Ave. During the trial, she testified she had been drinking the night of the incident at the home of a man who was interviewing her then-19-year-old sister for a babysitting job. Nadell, then 27, went in a bedroom to sleep it off.

Police were called to the home to investigate a domestic dispute after the owner and his wife got into an argument. The wife suffered a sliced arm and had left by ambulance before the police arrived.

Upon arriving, Police found blood at the residence and went into the room where Nadell was sleeping.

A scuffle ensued between Nadell, who was pregnant, and the officers. According to testimony, Leyba hit Nadell between the legs during a struggle. Nadell later terminated the pregnancy.

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