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City of Las Vegas, marshals settle lawsuit over alleged false arrest and racial profiling for $150,000

Darcy Spears continues to investigate the Las Vegas City Marshals amid multiple cases alleging police misconduct.
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Las Vegas settles lawsuit with $150K payout over alleged false arrest and racial profiling by city marshals in mistaken identity case at Fremont Street Experience.

LAS VEGAS (KTNV) — A lawsuit against the city of Las Vegas alleging false arrest, racial profiling and excessive force has been settled out of court for $150,000, with taxpayers bearing the six-figure burden due to the actions of several city marshals.

13 Investigates: City of Las Vegas settles the case, doesn't admit liability

Las Vegas, Marshals Settle Lawsuit Over Mistaken Identity Arrest for $150K

The settlement comes in the wake of a 13 Investigation into a case involving mistaken identity at the Fremont Street Experience in November 2023.

The three plaintiffs in this case received $50,000 each. The city paid out the total of $150,000 to avoid a trial and get the lawsuit dismissed without admitting any liability. The plaintiffs' attorney said although his clients are happy about the financial compensation, the real victory is that the two marshals he called "the worst of the officers" are now off the streets.

Initial reports

"I think they're gonna kill my brother right here on Fremont in front of my face," Alissa King said.

King's fear was all too real after she watched her brother, Tim, get tackled by Las Vegas city marshals at the Fremont Street Experience.

"It made me feel like an animal," Tim said.

In Marshal Jorge Caloca's police report from that incident, he said they were looking for the driver of a black Dodge Durango who allegedly made a threatening hand gesture towards officers.

Las Vegas Marshals Mistaken Identity
Vehicle Las Vegas City Marshals originally were looking for.

But Tim, Alissa and her boyfriend, Kenny, were not in a black Durango. They were driving a silver Hyundai sedan. And Tim — the driver — did not make any hand gesture.

Las Vegas Marshals Mistaken Identity
Comparison between person marshals were looking for and Tim McCoy.

"You don't know who did it," Kenny said in cell phone video from the incident.

"Ok. He's still going to jail. Regardless," Caloca responded.

"Oh, because he's a Black man! And he was just the first one you saw, huh?" Kenny said.

"That's all you guys do! You play the race card! It's not about that! It's not about that," Marshal Sergio Guzman said.

"Then what is it about?!" Kenny responded.

"Committing crimes!" Guzman said.

Las Vegas Marshals Mistaken Identity

Neither Kenny, Tim, nor Alissa were convicted of any crime. Marshals detained Tim but ultimately did not arrest him, instead giving him a misdemeanor citation for obstruction. Kenny was arrested and charged with battery on an officer. All charges were later dropped.

"I had to go to the prosecutors, show them all the videos, tell them about all the misrepresentations that were in the reports and ultimately, they dismissed the case," said attorney George Robinson.

Robinson filed suit against the city and six of its marshals, including Jorge Caloca and Sergio Guzman, who Robinson calls the "bad actors" and the "worst" of the officers in this case.

As previously reported, Caloca left the marshals for a job with North Las Vegas Police, but was separated from that department after they learned of the investigation.

Guzman, who's been named in two other lawsuits this year, has reportedly been taken off the streets and put on desk duty.

The two other lawsuits against him involve the alleged illegal arrest of a driver on the US 95 freeway, and the alleged unlawful detention and assault of a city employee during an illegal traffic stop.

See those investigations here:

"It's intolerable. And the citizenry needs to know that this could happen to anyone. It probably happened to my clients because they were Black, but really, if they're in these aggressive moods and they're acting like bullies, like they did in this case, the citizenry just needs to beware," Robinson said.

With those other lawsuits still pending against the city, Tim, Alissa and Kenny hope their fight paves the way for more accountability and systemic change for the city marshals.

"You have to treat people like people! And the fact that you're wearing a uniform doesn't make me less of a person," Alissa said.

Once again, the city did not admit liability in settling the case. When asked whether any disciplinary action was taken against any of the officers and whether the marshals have implemented any policy changes, the city declined to answer, saying it does not comment on personnel matters.

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