Las Vegas Mayor Shelley Berkley has voiced strong support for the city marshals amidst a series of lawsuits that challenge their jurisdictional authority.
Berkley’s remarks came after lawsuits were filed alleging that city marshals have acted outside their legal jurisdiction, which is defined under state law as the enforcement of state laws and local ordinances on properties controlled by the city.
In an exclusive interview, Berkley described these lawsuits as “frivolous” and emphasized her belief that the marshals have acted appropriately in their duties.
“I have to tell you, I am very keen on the city marshals.
I am not pleased about the lawsuits.
I think they are frivolous and they are foolish,” she stated in her City Hall office.
As a citizen, Berkley expressed her view that intervening during a crime should be a communal responsibility.
“As a citizen — forget the fact that I’m the mayor — if I see a crime in front of my eyes, I think it’s my responsibility and my duty as a citizen to intervene in a way to protect the public.
Now why would the marshals have less ability to do that than a private citizen in the city of Las Vegas?” she posed.
The controversy surrounding the marshals erupted in January when they stopped online journalist Derek Myers on U.S. 95 near Craig Road, suspecting him of drunk driving.
Myers challenged their authority to detain him outside their jurisdiction, prompting a response from the Nevada Highway Patrol.
Body camera footage revealed that a Highway Patrol trooper requested Myers to exit his vehicle, which he did, leading to field sobriety tests conducted by the marshals, who claimed he failed.
Consequently, Myers was arrested and taken to the city jail.
In March, Myers filed a civil rights lawsuit against the city marshals in U.S. District Court, arguing that the arrest was unlawful due to jurisdictional issues.
Months later, city employee Lance Downes-Covington also filed a lawsuit, supported by the ACLU of Nevada.
He alleged he was assaulted during an arrest by city marshals who, he claimed, were operating beyond their legal authority.
Myers’s attorney, Adam Breeden, indicated that others in similar situations have expressed interest in joining the lawsuit against the city.
After a prolonged period without formal charges, the city decided to file charges against Myers in Municipal Court in June.
Defense attorneys later sought to recuse the entire Municipal Court bench based on a perceived conflict of interest, claiming that the marshals protect the courthouse and its judges.
In light of these events, Berkley maintained that the city marshals acted in the best interest of public safety.
She stated, “If they see a crime in progress; if somebody is driving on the streets and they are inebriated and they’re driving in and out of traffic and putting other people at risk, I would expect the marshals to do something about that.
And if they don’t, I will.”
When questioned about the growing number of lawsuits and potential liability for the city, Berkley brushed aside concerns.
“If they react to a situation in a professional manner, as they’re trained to do, I think they should be acting.
I would encourage them to do that.
That doesn’t mean that they’re going out looking for more work.
They’ve got enough work to do in their official capacity,” she explained.
In reference to a legal opinion previously articulated by former Clark County District Attorney David Roger, who argued that marshals should not operate outside their jurisdiction, Berkley remained steadfast in her position.
“I’m just as much an attorney as Mr. Roger and as much as I respect his position, I hold an opposite position,” she affirmed, reiterating her support for the actions taken by the marshals.
With ongoing legal disputes lingering over the marshals’ actions, the situation continues to unfold in Las Vegas, raising critical questions about the powers and limitations of local law enforcement.
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