LAS VEGAS (KTNV) — Could a federal case against the City of Las Vegas be dismissed?
On Thursday, the City of Las Vegas filed a motion to dismiss a case that claims city marshals are allegedly operating outside of their jurisdiction.
In March, 13 Investigates broke the story of Derek Myers, an Ohio journalist who filed a class-action lawsuit claiming Las Vegas city marshals arrested him illegally, far outside their jurisdiction.
WATCH: Lawsuit alleges City Marshals repeatedly operate outside their jurisdiction
Las Vegas marshals stopped Myers on U.S. 95, near the Craig Road off-ramp, in January.
In Myers's body cam video, marshals accuse him of a series of traffic violations, including speeding, following too closely and driving on the shoulder. They also suspected him of driving under the influence and claim he failed several tests.
However, the lack of drugs in Myers' system was confirmed by an independent lab he went to for testing right after he was released from jail. Any alcohol in his system would have been gone by then. Myers also demanded a blood test while at the jail and he's still waiting on the results. No criminal complaint has been filed, as of Thursday.
Myers maintains he's a victim of wrongful arrest and with his lawsuit, he's hoping to let a judge decide.
WATCH: After Derek Myers bailed out of jail, he started watching and recording the city marshals with help from a local freelance photojournalist
When looking at the city's motion that was filed on Thursday, the city states Myers' case "relies solely on a single faulty legal premise: that the City marshals did not have the legal authority to conduct a traffic stop on Myers or arrest him for driving under the influence."
The motion states that marshals have the legal authority to conduct a traffic stop to prevent Myers from further endangering the public with his reckless driving and there was probable cause for his arrest.
You can read the full motion below.
The City of Las Vegas sent Channel 13 the following statement after filing the motion.
"Today, the City of Las Vegas filed a motion to dismiss Mr. Derek Myers’ federal lawsuit against the city and officers of its marshal unit. The Myers lawsuit aims to hinder the enforcement of Nevada’s public safety laws by city marshals, who are category 1 peace officers in this state. This lawsuit also seeks monetary damages arising from the January 9, 2025, incident where city marshals stopped Myers after observing him swerving, tailgating, speeding, and driving recklessly on US-95 in Las Vegas. Myers was then detained for suspicion of driving under the influence. The City Attorney’s Office will fully defend the marshals’ ability to protect the traveling public; this federal litigation will confirm the constitutionality of the marshals’ actions based upon legal precedent and facts already available."
This lawsuit also prompted a second civil rights lawsuit, which was filed last week by the ACLU of Nevada, alleging excessive force and constitutional violations by a man who claims he was unlawfully detained and assaulted during an illegal traffic stop.
The ACLU is asking the court to declare that the "Las Vegas city marshals office misinterpreted the scope of its authority ... Under Nevada law."
"We don't want to see this happen to anyone again," ACLU Executive Director Athar Haseebullah said. "They need to understand what their limitations are and comply with the law. It's ridiculous that the city and any other government will continue to ask people to follow the law when they continue to disregard it themselves."
WATCH: Second civil rights lawsuit accuses City of Las Vegas Marshals of abusing their authority