Monroe v. Las Vegas Metro. Police Dep't, 415 P.3d 1002 (2018)

April 12, 2018 · Supreme Court of Nevada · No. 74388
415 P.3d 1002

Daimon MONROE, Appellant,
v.
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Respondent.

No. 74388

Supreme Court of Nevada.

APRIL 12, 2018

Daimon Monroe

Marquis Aurbach Coffing

Liesl K. Freedman

Matthew J. Christian

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court summary judgment in a forfeiture action. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.1

Having considered appellant's informal brief and the record on appeal, we conclude that summary judgment was proper, as respondent LVMPD cured the evidentiary defects identified by this court in Monroe v . Las Vegas Metropolitan Police Department, Docket No. 62264 (Order Affirming in Part, Reversing in Part and Remanding, March 18, 2016). In particular, LVMPD introduced financial records showing that the money paid to the bail bond companies and the attorneys came from Tonya Trevarthen's bank account, which is the same account that this court concluded in Docket No. 62264 contained proceeds attributable to the commission of a felony. See id . at 3.

With LVMPD having produced this evidence, the burden shifted to appellant to produce evidence sufficient to raise a reasonable inference that the money paid to the bail bond companies and the attorneys was not derived directly or indirectly from the commission of a felony. See Fergason v. Las Vegas Metropolitan Police Department, 131 Nev., Adv. Op. 94, 364 P.3d 592, 595, 600 (2015) (citing NRS 179.1164(1)(a) and NRS 179.1161 ). Because appellant failed to produce such evidence, the district court properly granted summary judgment for LVMPD.2 Id. at 595. Accordingly, we

ORDER the judgment of the district court AFFIRMED.