March 08, 2019
Source: Internal Release
Benson & Bingham has been retained to investigate and represent the family of deceased 65-year-old Las Vegas resident Roy Scott after he tragically passed away in police custody. Last Sunday morning, Roy Scott contacted the Las Vegas Police Department to request assistance at his home concerning suspicious activity by three men outside his residence at the Sunrise Garden Apartments. Mr. Scott, who suffered from schizophrenia, answered his door when police arrived with a pipe and cell phone in his hand, apparently distraught over what was happening outside his home. Police ordered him to drop his weapons; he complied, however what ensued after this is to be determined. What is known is that he was handcuffed, pressure applied to his head, and he was taken into police custody where approximately one hour later he had “health issues,“ and passed away in the ambulance. Police have already stated the “excited delirium,” a term not recognized by the AMA, caused the need for the police apprehension. It is unknown whether any asphyxiation or head trauma resulted in the death. Given the medical episode evidenced by the police body cam it is uncertain whether medical treatment was warranted earlier.
Mr. Scott's daughter, a California resident, is now represented by Benson & Bingham; given the situation, a potential 42 USC 1983 "color of law" claim may be filed if the conduct of the officers rose to the threshold of unconstitutional—conduct that shocks the conscience. The arresting police officers, Theodore Huntsman and Kyle Smith, who recently joined the force were placed on administrative leave while the case is further investigated. The situation is sad no matter how it happened, but will be fully investigated. Upon receipt of the Clark County Coroner’s Office autopsy report, the official cause of death will be ascertained; given the large gash on his head, suspicions of fowl play have not been ruled out.
Established in 2003, Benson & Bingham is a Nevada injury, accident and workers' compensation law firm committed to client happiness and success. The law firm has four offices in Nevada: Downtown Las Vegas, Summerlin, Henderson and a newly opened office in Reno, Nevada where customer service and satisfaction are paramount. Stay tuned for more updates as they continue to develop. Any lawsuits will be filed in US District Court, Southern Division, Clark County Nevada.