‘I’ll Pull You Out the Car!’: ‘Rogue’ Las Vegas Officer Tased and Violently Arrested Black Man Who Asked Why He Had to Roll Down Every Window Over Alleged Stop Sign Violation, Lawsuit Claims
A Las Vegas “rogue law enforcement agency" has been accused in at least two lawsuits over the past two months of abusing and falsely arresting citizens outside their jurisdiction. And both lawsuits list Las Vegas Deputy City Marshal Sergio Guzman as a defendant, accusing the cop of abusing the power of his badge against innocent citizens outside his jurisdiction which is defined by state law as city-owned property like parks, recreational facilities and public buildings. The latest lawsuit , obtained by Atlanta Black Star, was filed last week by a Black man named Lance Downes-Covington, a city employee accusing Guzman of pulling him over in his neighborhood for allegedly running a stop sign before threatening him with a gun and taser, then slamming him to the ground and arresting him on false charges that were eventually dismissed. Las Vegas Deputy Marshal Sergio Guzman (right) is listed as a defendant in two recent lawsuits accusing him of working for a "rogue law enforcement agency." (Photo: City of Las Vegas and Derek Myers) The previous lawsuit was filed in March by a white man named Derek Myers and it is part of a class-action lawsuit accusing Las Vegas City Marshals of being a “rogue law enforcement agency brazenly operating outside its legal authority” that has subjected innocent people to “hundreds if not thousands of illegal searches and seizures, false arrests, and subjected them to emotional distress.” “No one should have to fear being violently assaulted by law enforcement, but especially by officers who have no authority to stop anyone in the first place,” Athar Haseebullah told Fox5 News, who is executive director of the ACLU of Nevada, the civil rights organization representing Downes-Covington in his lawsuit. Las Vegas city officials told local media they do not comment on pending litigation but a job listing for a Las Vegas Deputy City Marshal clearly describes the job description is “to perform a variety of duties in the enforcement of state statutes, city ordinances and other city regulations as defined in state statutes and city ordinance on any real property owned, leased or otherwise under the control of the City of Las Vegas.” Both lawsuits accuse the city of encouraging deputy marshals to violate state law. “Despite clear law to the contrary, the Las Vegas City Marshal’s website states that the Marshals are ‘authorized to enforce all municipal street and traffic laws as well as state vehicle laws applicable to city roadways,’” states the lawsuit filed on behalf of Downes-Covington. “The City of Las Vegas is ratifying and encouraging the Las Vegas City Marshal’s to exceed their authority and jurisdiction by conducting traffic stops on city roadways.” Lance Downes-Covington's Arrest Guzman pulled the Black man over at 11 p.m. on April 29, 2023 for allegedly running a stop sign in a residential neighborhood which is not considered city-owned property. After Downes-Covington pulled over to the side of the road, Guzman ordered him to stick his hands out the window and to open all his windows. Downes-Covington complied by sticking his hands out of the window but questioned why he needed to open all the car windows. “Want me to pull you out the car? I’ll pull you out the car,” Guzman threatened. Instead, Downes-Covington willingly stepped out of the car with his hands visible, but Guzman pulled out his gun and pointed it at him. Guzman had him place his hands on the hood of his patrol car, telling him he’s “not going to play these games,” the claim states. According to the lawsuit: Defendant Guzman pulled Plaintiff’s wrists behind his back, shoved Plaintiff’s upper half over the squad car, and shouted that Plaintiff will be tased if he does not put his hands behind his back. Defendant Guzman then shoved a taser into Plaintiff’s ribs and pinned him to the front of the squad car. Plaintiff slowly and carefully placed his hands behind his back and Defendant Guzman placed handcuffs on one wrist and then shoved Plaintiff forward while torquing his arm around. In pain, Plaintiff pleaded with Defendant Guzman to relax. Defendant Guzman told Plaintiff that he is being placed under arrest and Plaintiff asked for the reason for the arrest. Defendant Guzman then threw Plaintiff face first on to the ground. Downes-Covington was forced to lie on the ground for three minutes before he was lifted and placed in the back of a patrol car and transported to jail where he was then transported to a hospital to treat the injuries he received from the arrest. The deputy marshals left him at the hospital with two citations for obstructing and for resisting, both which were dismissed. But Downes-Covington was left traumatized over the incident, suffering anxiety, migraines, insomnia and panic attacks. “Sometime after the incident, Plaintiff saw Defendant Guzman at Plaintiff’s place of business which caused Plaintiff to suffer a panic attack and Plaintiff had to temporarily break from his duties due to the fact that his nose began bleeding due to the mental distress,” the claim states. “Plaintiff has received medical treatment for the abuse he suffered during the incident.” Downes-Covington’s lawsuit lists as defendants Guzman, who initiated the stop, as well as deputy marshals Sarkis Jopalian, Janelle Mazza and Paul Hartz, who all arrived after the initial stop. The city of Las Vegas is also listed as a defendant. The defendants are accused of violating Downes-Covington’s Fourth and 14th Amendment rights as well as excessive force, false arrest, battery and assault, intentional infliction of emotional distress and negligent training and supervising. Derek Myers' Arrest Myers was driving on an interstate on Jan/ 9 when he was pulled over by Guzman and another deputy marshal named Jason Brooks, accusing him of following too closely to the car in front of him. The officers then accused Myers of driving drunk, incarcerating him for 17 hours before he was released. He still has not been formally charged with any crimes. Like Downes-Covington, Myers has also been left traumatized by the false arrest. “As a result, MYERS suffered loss of liberty, emotional distress – including fear, humiliation, and anxiety, and economic harm, with lasting psychological impact, just as all class members have been,” according to the lawsuit filed by Nevada attorney Adam Breeden. The Myers’ lawsuit explains that the Las Vegas City Marshals was created in 1993, listing several state statutes that restrict these officers from enforcing the law outside city-owned property like parks and public buildings. “Despite this clear territorial jurisdiction on the city marshals, the CITY OF LAS VEGAS and its marshals today openly violate the territorial restrictions on their jurisdiction and conduct law enforcement activities in violation of the limitations placed on their agency by state law,” the Myers’ claim states. Although the deputy marshals were wearing body cameras, the agency has refused to release the videos. However, Myers recorded much of the arrest on his phone which was published by local media. Myers’ lawsuit lists Guzman, Brooks and the city of Las Vegas as defendants, accusing them of violating his Fourth and 14th Amendment rights as well as battery and false imprisonment. Upon learning of the second lawsuit, Myers tweeted the following message on the social media platform X. The ACLU's lawsuit alleges a city employee, Lance Downs-Covington was pulled over BY THE SAME MARSHAL as me, in an illegal traffic stop -- just like mine -- and had a gun pointed at him. The ACLU is seeking a million dollars in damages, plus an injunction barring the marshals from this illegal practice. Our lawsuit, of course, continues, with the city expected to make their initial answer to the complaint in the coming days. Meanwhile, Guzman remains employed. “We will not allow government actors to exceed their legal boundaries at the expense of Nevadans’ constitutional rights, and we will continue to relentlessly pursue justice for our client and others impacted by the Las Vegas marshals’ misconduct,” Haseebullah, the ACLU executive director, told local media.
