LV Marshals Lawsuits: Unlawful Stops & Excessive Force

Las Vegas police brutality concerns rise again.

By Darius Spearman (africanelements)

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Troubling Traffic Stops: Las Vegas City Marshals Face Lawsuits

Multiple lawsuits are bringing serious allegations against Las Vegas City Marshals. They accuse marshals of conducting unlawful traffic stops, often targeting Black citizens. These encounters sometimes involve excessive force, happening far outside their legal boundaries. One disturbing case involves Lance Downes-Covington, a Black man working for the city itself. In April 2023, Deputy Marshal Sergio Guzman allegedly pulled him over for a stop sign violation. This stop occurred in a residential area, notably outside the marshals’ designated jurisdiction (Atlanta Black Star).

The situation quickly escalated, according to the lawsuit. Downes-Covington reportedly complied but questioned the stop. Guzman allegedly responded with threats, pointing his firearm and later using a taser. The arrest was described as violent. Furthermore, this incident isn’t isolated. A class-action lawsuit filed in March 2024 claims Las Vegas marshals conducted “hundreds if not thousands of illegal searches and seizures.” These actions allegedly occurred beyond their state-mandated jurisdiction, which primarily covers city-owned properties like parks (News 3 Las Vegas).

Lines Blurred: Nevada Police Jurisdiction Questions

Understanding who polices what in Las Vegas is crucial. The Las Vegas City Marshals (LVCM) and the Las Vegas Metropolitan Police Department (LVMPD) are separate agencies. Their roles and, importantly, their jurisdictions differ significantly. LVCM is a limited-jurisdiction agency. Their authority, defined by Nevada Revised Statute (NRS) 280.125, is supposed to cover city-owned or controlled properties like parks, libraries, and city buildings (Las Vegas City Marshals – Wikipedia). They generally do not have authority over public roads or private property.

LVMPD, conversely, is the main law enforcement body for Clark County. This includes Las Vegas city limits and unincorporated areas. LVMPD handles major crimes, general traffic enforcement, and operates under the Clark County Sheriff (Las Vegas Metropolitan Police Department – Wikipedia). State law NRS 280.125 explicitly restricts LVCM to “real property owned, leased or otherwise under the control of the City of Las Vegas” ([PDF] Downes-Covington Lawsuit – Atlanta Black Star). Despite this, recent lawsuits, backed by bodycam footage like Derek Myers’ 2023 case, show marshals making traffic stops on highways—clear violations of these limits (Hoodline). Myers was jailed for 17 hours without charges following his encounter.

ACLU Lawsuit Las Vegas: Challenging Marshal Authority

The ACLU of Nevada is taking a stand against what it calls unconstitutional policing by Las Vegas marshals. They argue the city deliberately misinterprets state law NRS 280.125. The city claims a 1995 amendment allows marshals to enforce traffic laws on city roads (Las Vegas Review-Journal). However, the ACLU and others maintain the statute still clearly restricts marshals to city-owned property (Hoodline). A 2023 legal memo from a former Clark County District Attorney supports this view, stating jurisdiction cannot be expanded beyond city property (KTNV Las Vegas).

This legal battle highlights a significant conflict. The city marshals’ own website claims traffic enforcement authority on city streets, directly contradicting the statute’s language ([PDF] Downes-Covington Lawsuit – Atlanta Black Star). Therefore, the ACLU seeks not only over $1 million in damages for Downes-Covington but also an injunction. This court order would force the marshals to stop operating outside their legal jurisdiction (News 3 Las Vegas). As of May 2025, the lawsuits involving Downes-Covington, Derek Myers, and the class-action case are all still pending in court (KTNV Las Vegas).

The Human Cost: Trauma from Alleged Las Vegas Police Brutality

Encounters with law enforcement, especially when involving alleged excessive force or unlawful detention, leave deep scars. Lance Downes-Covington experienced immediate physical injuries after his arrest. These included nasal bleeding and subsequent migraines (Atlanta Black Star). Beyond the physical, he reported suffering panic attacks, needing medical treatment. The trauma resurfaced intensely when he later encountered Deputy Guzman at his workplace, triggering another panic attack.

Derek Myers also reported significant psychological trauma from his experience. His alleged unlawful arrest and 17-hour jail stay caused lasting anxiety and economic harm (Hoodline). These individual stories underscore the severe personal consequences. Furthermore, broader data points to dangerous practices. Nevada’s 2023 use-of-force statistics revealed that 37% of victims experienced positional asphyxia during arrests (Robert Bernshteyn Law). This condition, where body position restricts breathing, tragically contributed to Byron Williams’ death in 2019 during an encounter with LVMPD officers (Las Vegas Review-Journal). While Williams’ case involved LVMPD, not marshals, it highlights the lethal potential of certain restraint methods used by law enforcement in the region.

Systemic Issues: Racial Disparities in Las Vegas Policing

The allegations against the City Marshals don’t exist in a vacuum. They reflect broader, troubling patterns in Las Vegas law enforcement concerning race. Data shows significant racial disparities. Between 2013 and 2023, Black residents in Las Vegas were 1.5 times more likely to be killed by police than white residents (Police Scorecard). Black people make up less than 10% of the Las Vegas population. However, they account for over 30% of those killed by police shootings in that period.

LVMPD’s own 2023 Use of Force Report further illustrates these issues. The report documented 10 officer-involved shootings and nearly 2,100 incidents involving less-lethal force (News 3 Las Vegas). Importantly, racial breakdowns within this data indicated disproportionate use of force against Black drivers during traffic stops. Nevada’s statewide 2023 use-of-force dashboard adds more context. It recorded 8 deaths and 8 serious injuries from police interactions statewide. Notably, 11 of these incidents originated from stops related to “unlawful/suspicious activity” (The Nevada Independent), the same type of stops marshals are accused of conducting unlawfully.

History & Accountability: The Sergio Guzman Lawsuit and Beyond

Las Vegas has a documented history of police misconduct. From 1990 to 2011, LVMPD ranked third nationally per capita for officer-involved shooting fatalities, totaling 115 deaths (Misconduct in the Las Vegas Metropolitan Police Department – Wikipedia). More recently, a 2020 lawsuit alleged LVMPD officers used pepperballs on peaceful Black Lives Matter protesters. They also reportedly fabricated dispersal orders to justify arrests (Top Class Actions). This history forms a backdrop to the current controversies surrounding the City Marshals.

Accountability remains a critical question. Deputy Marshal Sergio Guzman, implicated in the violent arrest of Lance Downes-Covington, is named in two separate 2024 lawsuits. Despite these serious allegations, Guzman remains employed by the city (Atlanta Black Star). The city has declined public comment, citing the ongoing litigation (Las Vegas Review-Journal). Furthermore, data shows that between 2016 and 2018, only 13% of 3,544 civilian complaints against LVMPD officers were upheld (Police Scorecard). While this specific data is for LVMPD, it raises concerns about the broader culture of accountability for law enforcement misconduct in Las Vegas. The pending lawsuits against the City Marshals, therefore, represent a crucial test for transparency and justice.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.