LAS VEGAS (KTNV) — A shocking encounter between a Las Vegas resident and city marshals has sparked another federal lawsuit.
The lawsuit was filed on the heels of our 13 investigates series exposing City of Las Vegas marshals for allegedly overstepping their jurisdiction.
WATCH: Second civil rights lawsuit accuses City of Las Vegas Marshals of abusing their authority
The new lawsuit names the same city marshal previously accused of aggressive and illegal actions. It was filed April 25 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.
Lance Downes-Covington — a City of Las Vegas employee — is suing the city and four of its marshals, including Marshal Sergio Guzman, who our prior reports show conducting another allegedly illegal traffic stop on the US95 freeway.
READ FULL LAWSUIT BELOW
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.
Our investigation revealed Nevada law limits marshals’ authority. David Roger, the union's (including marshals) own lawyer, wrote a legal opinion in July 2023 saying, "City marshal jurisdiction is limited to Fremont Street Experience, city parks and city buildings."
"This is a systemic thing that they’re doing. It’s not just to me," Myers said. His case sparked widespread attention, prompting the ACLU to file its lawsuit against the city in general and Marshal Guzman in particular.
"The very same marshal. What does that say," I asked ACLU Executive Director Athar Haseebullah.
"It says a lot," Haseebullah replied. "It says that there's a serious accountability problem within the marshals office."
Before filing the complaint in U.S. District Court, Haseebullah was able to watch Marshal Guzman's body camera footage.
"And what we saw was appalling."
According to the lawsuit, Guzman drew his gun, threatened Downes-Covington, and “threw (him) face first onto the ground" when he asked why he was being arrested.
"If our client can get stopped for a traffic infraction while headed home from the airport, and be accosted and assaulted, disrespected, humiliated and injured in this fashion, it can happen to anybody in this community," Haseebullah said. "Again, all of this during a traffic stop they never should have been involved with."
The traffic stop was near Downes-Covington's home in the area of Simmons St. and Holly Ave. The lawsuit says a total of seven squad cars arrived on the scene, and that Downes-Covington was eventually told he'd be getting a ticket for not stopping at a stop sign/for emergency lights and that they'd be taking him to jail for obstructing and resisting.
"Seven squad cars for one person who allegedly didn't stop at a stop sign," I asked. "How do you make sense of that?"
"The reality is that when you have offices — especially law enforcement agencies that act in a way that avoids all levels of accountability — like in this instance with the city marshals — it sort of is on brand. They routinely end up over-policing specific communities."
PREVIOUS COVERAGE: State lawmakers consider city marshals, county park rangers jurisdiction
After Downes-Covington was taken to jail, he was transferred to UMC due to pain, then cited and released from custody while at the hospital.
"There was no criminal case that ended up moving forward," Haseebullah said.
The lawsuit says marshals "Intended to use their power and authority to bully and harass" Downes-Covington with no "justification or lawful reason."
It accuses the city of encouraging "unconstitutional policing" and instructing "marshals to exceed their authority and jurisdiction by conducting traffic stops on city roadways."
PREVIOUS COVERAGE: Lawsuit alleges Las Vegas City Marshals repeatedly operate outside their jurisdiction
"It's telling when you have local governments that are allowing their own offices to act without any accountability, and acting with total disregard for what the law actually looks like," Haseebullah said.
The city sent us the following statement:
"The city of Las Vegas is aware of the lawsuit recently filed against the Deputy City Marshals. Because this matter is now pending litigation, the city is limited in what it can discuss publicly at this time. The city takes all allegations of civil rights violations seriously and remains committed to transparency and accountability. The City Attorney’s Office will respond to the allegations through the appropriate legal channels."
In our previous investigation into Derek Myers' case, the city said it interprets state law as granting them the authority to do traffic stops like those we've reported on.
"From my vantage point, it seems more of a justification of misconduct than it seems to be of 'This is our honest reading that we have duplicative police powers.' Again, if that's the case, it's unclear why Metro would exist, it's unclear why the City of Las Vegas would be partially responsible for funding LVMPD if their own police force was supposed to be doing the exact same functions. It makes no sense," Haseebullah said.
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. 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."
The lawsuit is also asking for at least $1 million in damages, saying in addition to physical injuries, Downes-Covington is now "anxious when driving and when interacting with members of the Las Vegas City Marshals, which he must do" in the course of his job as a city employee. He has suffered migraines and been unable to sleep.
"Sometime after the incident, (Downes-Covington) saw Guzman at his place of business which caused him to suffer a panic attack and temporarily break from his duties due to the fact that his nose began bleeding due to the mental distress."
PREVIOUS COVERAGE: The changes to state law that could happen because of issues you brought to 13 Investigates