‘It was never about money’: Man beaten by Henderson police awarded $450K
A jury has awarded $450,000 to a man beaten by Henderson police officers, who also zapped him with a Taser and hit him over the head with a rifle, as he tried to stop a shoplifting suspect.
“It was never about money. It was about accountability,” said James Herndon, who in 2018 was tackled by officers while confronting an armed shoplifter at the sporting goods store where he was a manager. “I just hope what the jury did was enough for the city of Henderson to change the way they do things.”
The jury delivered its verdict Wednesday, after a two-week trial in which Herndon initially sought $4 million in damages, according to his attorney Marjorie Hauf.
In a written statement, city spokeswoman Madeleine Skains noted that all federal claims in the lawsuit were dismissed, and that the jury’s verdict only pertained to state law claims.
“While we disagree with the verdict, the case has gone through the judicial process,” she wrote. “At this time, the City is evaluating all of its legal options.”
The case is the first of its kind to be tried in state court since the Nevada Supreme Court ruled in 2022 that government officials can be sued by citizens alleging civil rights violations under the state constitution. Future rulings — such as whether there should be a cap on the amount awarded to Herndon or whether he can seek punitive damages — could have lasting implications on future cases tried under this law, according to Hauf.
“This case could set precedent for any constitutional rights cases tried in the state of Nevada moving forward,” the lawyer said.
Herndon was tackled by Henderson police officers along with the fleeing suspect — and was punched, kicked and hit on his lower back and head. He suffered a bloody nose, bruised face and body, fractured orbital bones, a concussion and blurry vision. He still deals with permanent nerve damage, headaches and cognitive difficulty.
“I am not who I was before,” Herndon said.
City attorneys wrote in court filings that Herndon was injured because he inserted himself into a dangerous situation, and the attorneys argued that police did nothing wrong.
At the center of the scrum was Sgt. Michael Gillis, who hit Herndon with the butt of an M4 rifle and used his Taser, according to court records and surveillance video from the January 2018 confrontation.
A Las Vegas Review-Journal investigation found that Gillis had more than 30 internal affairs allegations tied to a dozen personal and professional incidents, including a finding in 2015 that he inappropriately used his rifle to subdue a suspect, similar to the way he struck Herndon.
Four days after the confrontation, Herndon filed an internal affairs complaint against Gillis and the other officers. He said investigators told him the force used was appropriate, and they indicated that Gillis had no significant prior problems. Herndon said he filed his lawsuit in early 2019 with hopes to improve the disciplinary process and weed out cops like Gillis.
Hauf’s attempts to get Gillis’ excessive force histories through discovery were rebuffed by city officials, who argued in court records that the information is confidential. Herndon and Hauf said they only learned about some of the allegations against Gillis when the Review-Journal called to interview Herndon in 2021.
Neither Gillis, now retired, nor his attorney responded to requests for comment. Records show that in 2020, he received more than $117,000 from his police pension.
Hauf said the case was not about the money.
“Our goal is always to get a verdict high enough that sends a message to the city of Henderson and these officers that our community isn’t going to accept what they did,” the attorney said.
Contact Briana Erickson at berickson@reviewjournal.com or 702-387-5244. Follow @ByBrianaE on Twitter.