LAS VEGAS (KTNV) — The Las Vegas Metropolitan Police Department is facing multiple lawsuits for alleged First Amendment violations during the June 11 anti-Immigration and Customs Enforcement, or ICE, protest in downtown Las Vegas, according to newly-filed court records.
New body camera video shows LVMPD officers violating their own policy about use of force during a protest and laughing while shooting protesters with pepper balls earlier this year.
Watch Darcy Spears break down the contents of this body camera footage and the allegations against LVMPD:
Channel 13 was in downtown Las Vegas for the demonstration, which reporter Ryan Ketcham witnessed and stated was peaceful, as about 800 people protested against ICE, immigration policies, and deportations. According to Tuesday's motion, filed by attorney Stephen Stubbs and the Clear Counsel Law Group on behalf of their client, Emanuel Beltran, LVMPD declared the gathering an "unlawful protest" at 8:11 p.m., before protesters had even gathered in one location.
That's nearly an hour before Las Vegas police publicly stated they had declared an unlawful assembly.
The motion states police issued a dispersal order telling protesters to leave the area near Las Vegas Boulevard and Bridger Avenue. The order specifically told them to go "southbound on Las Vegas Boulevard, east on Clark."
We have declared an unlawful assembly at Las Vegas Boulevard and Clark due to protestors engaging in illegal activity. A dispersal order has been issued. Failure to leave can result in arrest or citation.
— LVMPD (@LVMPD) June 12, 2025
Here's where the story takes a troubling turn.
The motion states protesters did comply, moving exactly as ordered, and by 9:31 p.m., the area was clear.
However, instead of letting the protest continue elsewhere, the motion states LVMPD followed smaller groups throughout downtown Las Vegas.
LVMPD department policy regarding protests states:
"It is neither the intention nor the desire of the department to suppress or restrain lawful activity" and that "reasonable restrictions may be applied only as necessary to maintain public safety and order and to facilitate uninhibited commerce and freedom of movement."
According to the "orders to disperse" policy, "isolated, nonviolent, unlawful activity by individuals should not automatically form the basis to declare an assembly unlawful; those acts should be addressed independently." It also says that when the orders to disperse are given, protesters should be given guidance and continued direction regarding how to disperse.
Department policy on use of force states that pepper balls can be used in situations where:
- a threat of harm exists, and orders to disperse have been given
- protesters are actively attempting to loot, ransack, or destroy property
- attempting to take over or commandeer property where there is a threat to public safety, like a freeway
"Deployment of aerosol irritants will only be used at the direction of the IC [incident commander], and only after clear warning has been given and when avenues of egress are available to the crowd," the policy states. "Force will not be used on compliant subjects or on non-threatening people who are attempting to disperse or unable to move. Officers will only target individuals who pose a threat."
You can read the department's policies on protests below.
Tuesday's motion argues that LVMPD violated clearly established constitutional rights and that Ninth Circuit precedent is clear: Firing projectiles at people suspected of minor crimes who pose no threat and engage only in passive resistance is excessive force.
According to the lawsuit, body-worn camera footage shows a pattern of force against people who posed no threat.
EXTENDED VIDEO: Watch body camera footage reviewed by Channel 13 for this report. [Please note, the video has been altered to remove graphic language.]
As SWAT arrives on scene, Officer Mark Eshe can be heard yelling, "Let's kick some f—in' ass!"
And after officers yelled at a couple who turned to cross the street and walk away, you can hear Eshe yell, "Pepper ball her feet!"
Then, he fired five rounds.
Eshe and another officer are seen firing multiple pepper balls at a man in the distance crossing the street. Eshe even fires at a protester walking away, as that protester is closely followed by two officers in full riot gear.
And when Eshe is out of ammo: "A little reload while there's a lull in the action, baby," he can be heard saying on body cam. "That's good, my brother."
The officer loading Eshe's gun with a fresh supply of pepper balls replies, "Alright. Have fun!"
At 10:10 p.m., Kathleen Cavalaro, another protester who's suing Metro, approaches officers on the sidewalk.
"Fascists," she can be heard saying. "F—ing fascists!"
After an officer tells her to "move that way," pointing in the opposite direction, she turns and walks away. Then, she is shot in the back with a pepper ball. Officers advance, firing at least 47 total pepper balls at her — 22 from Eshe alone. Many are in close range.
"You're shooting me?" she can be heard asking.
"You're under arrest," an officer replies.
"Arrest? What am I under arrest for?" Cavalaro says.
"Get on the ground!" an officer says.
"What am I under arrest for?" she asks again.
"Get on the ground!" the officer yells again.
"What am I under arrest for? Because I called you a fascist?" Cavalaro asks.
Beltran was leaning against a light pole when officers began firing pepper balls at him, and Eshe continued firing as Beltran turned to walk away.
Later, near the Fremont Street Experience, Eshe can be heard joking with Asst. Sheriff Andrew Walsh.
"Sheriff, I didn't know you were here until I heard, 'Get the f— out of here!' and I'm like, I know that voice," Eshe can be heard saying before Walsh laughs.
Walsh is LVMPD's second-in-command, who, according to his bio, previously supervised the Constitutional policing bureau. He can be heard snapping at a passerby asking for directions.
"Is Discopussy [the nightclub] that way?" the man asked.
"Go that way," Eshe said, pointing to his right.
"Which way do I go?" the man asked again.
"You're going to go that way or back that way," Walsh said, pointing in a different direction.
"Why can't I go that way?" the man asked while pointing in the same direction that Eshe did.
"Because I said so," Walsh replied, then shouted, "Get the f— out of here! I'm not gonna tell you again!"
"Do you have to cuss at me?" the man asked.
"You don't have to keep asking me questions. Beat it," Walsh replied.
When the man asked for an explanation again, Walsh says, "Because I told you! That's why! I'm in charge!"
The man is then rushed by four officers and taken into custody.
"Why are you doing this?" the man asks.
"Because you wouldn't listen," Walsh says.
The motion filed on Tuesday seeks two immediate injunctions:
- Attorneys are asking the court to order LVMPD to stop enforcing dispersal orders outside the dispersal zone after protesters comply,
- and to stop shooting pepper balls at anyone unless they pose a physical threat or are engaged in serious criminal behavior.
I did reach out to LVMPD, and they said they don't comment on pending litigation.
Police arrested nearly 100 protesters and issued seven citations on the night of the protests.
In a press release the day after the protest, LVMPD stated, "violent actions included protesters throwing water bottles and rocks at LVMPD officers. Several roadways were also blocked by protesters." Police also stated that several buildings downtown were spray-painted and vandalized.
"LVMPD understands the rights of our citizens to exercise their First Amendment rights but will not tolerate acts of violence and vandalism resulting from these protests," an LVMPD spokesperson wrote. "As a reminder to the public, we ask that those who choose to exercise their First Amendment rights do so peacefully and lawfully."
WATCH | Man arrested during June anti-ICE protest in Las Vegas
In September, City of Las Vegas attorneys stated they would not prosecute those who were arrested during those protests.
"Those arrested during the demonstration were booked and served time in jail. Based on a thorough review of the evidence, the City Attorney’s Office believes the consequences imposed were appropriate," the statement reads in part. "This is in no way an indictment of the actions taken by law enforcement."
Some have questioned LVMPD's actions that night, including Beltran and Cavalaro. You can read more about the ongoing lawsuits against LVMPD regarding the anti-ICE protests below.
Emanuel Beltran
Beltran claims he wasn't even planning on joining the protest.
"On June 11, 2025 at approximately 9:39 p.m., Mr. Beltran said goodbye to his cousin, left the Circa Resort and Casino, and began walking towards the Neonopolis Parking Garage," the lawsuit states. "On his way, he encountered a group of protesters on the Fremont Street Experience, and stopped to talk to them. Mr. Beltran thought the protest was interesting, liked the vibe of the protesters, and started marching with the group with the intention of witnessing and participating in what he believed to be an historical event."
"Things drastically changed at approximately 10:30 pm when LVMPD cut off the route back to Mr. Beltran’s car with a scrimmage line on Fremont Street and 8th Street, and started shooting the entire group with non-lethal rounds. LVMPD SWAT Officer Mark Eshe then shot multiple pepper ball rounds directly into a crowd, aimed directly at Mr. Beltran, and shot at Mr. Beltran thirteen (13) times, and Mr. Beltran was struck with three (3) pepper balls."
Court records state Eshe "spent the evening peppering people with pepper ball projectiles without regard to whether these persons were violating any law, terrorizing citizens that were attempting to exercise their constitutional rights."
"After Mr. Beltran was struck with the pepper balls that Officer Eshe fired at him, he noticed a burning in his eyes, lungs and throat. He fled southeast on Fremont Street, turned northwest on 9th Street and stopped at the United Mini Mart at Ogden Avenue and 9th Street as his eyes started to swell and close," attorneys state. "At the United Mini Mart, Mr. Beltran purchased a water bottle to wash his face and try to relieve the irritation of the pepper balls and tear gas."
As Beltran tried to make his way back to his vehicle at the Neonopolis Parking Garage, the lawsuit states he ran into a group of police officers near 7th Street and Bridger Avenue, and he was arrested, along with other protesters. Beltran claims that not one law enforcement officer communicated to him that any dispersal order was in place.
According to the lawsuit, Eshe "shot no less than One Hundred and Fifty-Seven (157) pepper balls on June 11, 2025, all within the span of 89 minutes," and that "Eshe alone fired over twenty percent (20%) of the pepper balls that were used that evening. However, no officer made any attempt to stop Officer Eshe or even questioned his actions. In fact, the SWAT officer that reloaded Officer Eshe's pepper ball gun encouraged Officer Eshe to 'have fun,' and Officer Eshe's Lieutenant even gave him a congratulatory hug at the end of the night."
Kathleen Cavalaro
Cavalaro went down to the protest around 10 p.m. after getting off work, and according to her lawsuit against LVMPD, she didn't see any dispersal orders online and wasn't present at the times and locations where LVMPD gave dispersal orders.
"A group of approximately thirty (30) LVMPD officers in riot gear/gas masks marched past Ms. Cavalaro while she videoed what she was witnessing and one officer told her something that was very difficult to understand because it was muffled under his mask," the lawsuit states in part. "That officer was pointing and said, 'Go back that way. Go that way. You can't stay here. Move.' Ms. Cavalaro replied, 'I can't be on public property? I can't be on public property?'"
Cavalaro continued looking for the location of the protest and tried to pass a group of about 50 officers on the sidewalk near Carson and 4th streets. The lawsuit states the officers told her to turn around, so she did. That's when the lawsuit states an officer shot her in the back with a pepper ball. When she tried to protect herself with a protest sign, she claims officers continued to shoot her with a barrage of pepper balls before arresting her.
Attorneys for Cavalaro also claim LVMPD officers lied on their official reports regarding her arrest.
"In Officer Tomlinson's Declaration of Arrest, sworn under penalty of perjury, Officer Tomlinson falsely stated that Ms. Cavalaro was arrested at 9:30 p.m. on June 11, 2025 at the location of 501 S. Las Vegas Boulevard," the lawsuit claims. "In truth, Ms. Cavalaro was arrested after 10:00 p.m. at the intersection of 4th Street and Carson Avenue, which is approximately four blocks away from the 500 block of South Las Vegas Boulevard where LVMPD claims dispersal orders were given."
Attorneys also state the Las Vegas Municipal Court issued an order that she should be released on her own recognizance on the morning of June 12, but she was not released until 7 p.m., "a delay of approximately nine hours." They also claim an officer threatened Cavalaro while she was in custody.
"A DOE OFFICER directed a religious sermon at Ms. Cavalaro and other inmates, telling Ms. Cavalaro that she needed to stop her activism because it would not do any good and would not cause any change," the lawsuit states. "The DOE OFFICER rebuked Ms. Cavalaro and her activism in the name of Jesus multiple times, claiming Jesus did not approve of her speaking out...The DOE OFFICER then told Ms. Cavalaro and others that they should not attend the planned protest the following Saturday, and that if they did attend the protest, they might find themselves facing 'life in prison.'"
Karlin Martinez
Karlin Martinez is another person who took part in the protests. She states she regularly live-streams the activities in downtown Las Vegas on her social media platforms.
Like Cavalaro, Martinez claims she did not see any dispersal order online and wasn't near the areas where LVMPD gave dispersal orders.
"With the exception of a few minutes when Ms. Martinez was changing equipment and/or switching streaming platforms, all of Ms. Martinez's activities that evening were streamed live on the internet, and the video footage is secure," her attorneys state in her lawsuit against LVMPD. "At no time in any of Ms. Martinez's video footage can a dispersal order of any kind be heard."
Her attorneys state she had a "pleasant conversation with a law enforcement officer that had blocked off part of the intersection" at Las Vegas Boulevard and Bridger Avenue at 10:01 p.m. and that "this officer did not inform Ms. Martinez of any dispersal order, told Ms. Martinez that she could not travel west on Bridger Avenue at that time because police cars with lights were blocking off the street," and that she could travel north on Las Vegas Boulevard.
According to the lawsuit, at 11:08 p.m., Martinez saw officers in riot gear "confront a small group of peaceful protesters that were standing on the corner of Las Vegas Boulevard and Fremont Street." She said that's when officers began firing multiple pepper balls at protesters.
About an hour later, while she was still live-streaming, the lawsuit claims Martinez was tackled and handcuffed along with another live-streamer who shouted at officers to "honor your oath."
"Sergeant Oliveri then says to Mr. Corrales, 'You need to learn the rules. You run your mouth at me. Now you're on your face.' Moments later, Sergeant Oliveri says, 'See what happens when you don't listen?' and 'You should've left hours ago. Get a job, punk ass. Now you're going to jail. Let's go,'" the lawsuit reads in part. "Sergeant Oliveri continued, 'Sue away. Sue away. Now you're going to jail.'"
Martinez claims she continued to question why she was being arrested, that she was filming the protest while urging people to be peaceful, and never heard officers telling people to disperse. She states she had been walking around dozens of officers for hours, who didn't tell her that. She also claims Oliveri continued to talk down to her.
"You enjoy your night? Yeah? You should have shut your mouth, too. You should've left hours ago. Now shut up," the lawsuit states. "You've got a tablet in my face. Shut your mouth and walk. Shut your mouth and walk. Go back to L.A., dumb ass. This ain't f—in' L.A."
Officers then spotted that her camera was still live-streaming and that they needed to end the video, according to the complaint.