Las Vegas Marshals’ Jurisdiction Under Scrutiny Amid Lawsuits

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Las Vegas city marshals actively ensuring public safety.

News Summary

The jurisdiction of Las Vegas city marshals is being challenged by lawsuits following incidents of alleged unlawful detainment. Mayor Shelley Berkley defends the marshals’ duty to intervene in criminal activities regardless of location. Recent cases include the detainment of journalist Derek Myers for suspected DUI and city employee Lance Downes-Covington’s claims of assault. Public concerns are rising about the marshals’ adherence to legal boundaries, especially after a legislative effort to clarify their authority failed. These developments highlight ongoing tensions regarding public safety and law enforcement practices in Las Vegas.

Las Vegas, Nevada – The controversy surrounding the jurisdiction of city marshals has escalated following lawsuits filed against them, with Las Vegas Mayor Shelley Berkley defending their actions and asserting their duty to ensure public safety wherever they may witness crimes occurring. Berkley dismissed the legal complaints as “frivolous” and maintains that the marshals acted in accordance with their responsibilities.

According to state law, Las Vegas city marshals have limited jurisdiction; they are authorized to enforce state laws and local ordinances strictly on properties controlled by the city. However, Berkley emphasizes that if marshals witness criminal activities in progress, including those outside city property, they should intervene. This statement comes amidst ongoing legal challenges that question the extent of their authority.

The situation gained public attention in January when city marshals detained online journalist Derek Myers on U.S. 95, suspecting him of driving under the influence (DUI). Myers challenged the jurisdiction of the marshals, which prompted a response from the Nevada Highway Patrol. Body camera footage revealed marshals conducting field sobriety tests on Myers, who subsequently was arrested after allegedly failing those tests. Myers has since filed a civil rights lawsuit claiming that his arrest was unlawful due to jurisdictional ambiguities.

In April, another lawsuit emerged when city employee Lance Downes-Covington claimed he was assaulted by city marshals who he argued were operating outside their jurisdiction. This series of legal complaints has raised concerns about the actions of the marshals and their adherence to legal parameters, as well as their impact on public safety.

Following a significant delay, Myers was formally charged with DUI in June, which led to a motion to recuse the Municipal Court bench due to perceived conflicts of interest in his case. Berkley, undeterred by the series of lawsuits, reiterated her support for the marshals, stating they have an obligation to protect citizens and maintain safety in all situations where they witness crime.

Efforts in the Nevada Legislature to clarify the marshals’ jurisdiction failed earlier this year, which may contribute to ongoing confusion regarding their legal authority. A former District Attorney has noted that marshals should not operate beyond their designated jurisdiction, a stance Berkley appears to counter.

Myers is also pushing for class action status in his lawsuit, asserting that numerous others have experienced similar wrongful detentions. His attorney has claimed that the charges against Myers are retaliatory in nature due to his lawsuit against the city. Myers argues that the marshals have a pattern of illegally stopping and detaining individuals, which he states constitutes a violation of constitutional rights.

The allegations against the marshals suggest that they may have unlawfully stopped over 1,000 individuals, further evidence presented in Myers’ case. Legal documents indicate that the marshals’ powers were substantially reduced following a 1995 law change, limiting their authority primarily to city-owned properties such as parks, which adds a layer of complexity to their operational conduct. The city marshals were established in the 1990s following the merger of city police and county sheriff’s offices.

In his lawsuit, Myers seeks $1 million in damages for emotional distress and the infringement of his personal freedoms due to what he described as a wrongful arrest. The city marshals have reportedly generated over $336,000 from citations and arrests between January 2024 and March of the current year, highlighting the financial implications of their law enforcement efforts.

As the legal battles continue, concerns remain over the marshals’ conduct and its implications on public safety and legal standards in Las Vegas. Furthermore, Myers has recorded additional incidents that he believes illustrate further misconduct by the marshals, raising ongoing questions about enforcement practices in the city.