Man sues LV police, alleges unlawful arrest

Banner was arrested about 6 p.m. May 19, the same day the photo lineup was conducted, and taken to Clark County Detention Center, where he would be held until his charges were dismissed on Aug. 7, 2014.

The now-20-year-old man is also suing unnamed jail guards; NaphCare, the company providing health care for the detention center; and individuals on the jail’s medical staff for “deliberate indifference” to his safety at the jail and to the fractures in his jaw.

The lawsuit accuses an unnamed licensed practical nurse for ignoring Banner’s injuries, which included “multiple displaced fractures of his jaw.”

Nurse practitioner Ray Montenegro and registered nurse Katrina Simeon are accused of falsely claiming that Banner had told them he had slipped and hit his face.

“Following the attack, Mr. Banner sought medical care from Defendants Doe LPN, Montenegro and Simeon, who were each deliberately indifferent to Mr. Banner’s medical needs by claiming that they were not dentists and they could not help him,” the lawsuit alleges.

Banner’s mother bailed him out of jail June 23 and rushed him to the hospital, where he had to get surgery to repair the fractures, the complaint said.

“He suffered excruciating pain,” Potter said, “but I think the invisible injuries of being refused his constitutional rights and being wrongfully arrested for something he didn’t do were worse.”

NaphCare believes the allegations against it are unfounded and will seek a dismissal of the claims against the company and its staff members, spokesman Brad Cain said.

According to Clark County and Las Vegas court records, Banner pleaded guilty to felony home invasion in March 2015 and pleaded no contest to a felony drug possession charge in June 2015.

Also, he pleaded no contest to a misdemeanor DUI charge in April 2016. Contact Kimber Laux at klaux@reviewjournal.com or 702-383-0283. Find @lauxkimber on Twitter.