LAS VEGAS, Nev. (FOX5) – A hearing in Derek Myers’ lawsuit against the City of Las Vegas has been moved to June 25 to allow the city’s legal team to review related case documents.
Myers says a traffic stop from earlier this year violated his constitutional rights. During this stop, the lawsuit claims a marshal drew a handgun, made threats with a stun gun, and slammed him to the ground.
Part of Myers’ argument revolves around jurisdiction, since this happened on I-11 near Craig Road.
“City-owned or city-controlled property – that’s how the law reads,” said Myer’s attorney, Adam Breeden, shortly after the hearing got pushed back. “Instead, they’re out there just on the general roadways doing law enforcement, and that is not permitted under the law.”
Myers explained the situation similarly.
“The Las Vegas Marshals are restricted under a Nevada-revised statute and the geographical regions they can do traffic stop,” he echoed. “Where our traffic stop was conducted was not in line with the NRS, and this has happened thousands of times unfortunately. That’s why we filed a class action lawsuit.”
Breeden expanded on the reasoning behind the class action classification.
“We believe as many as 1,000 people have been wrongfully arrested, prosecuted, fined, what have you, over the last several years,” he contended. “We’re seeking justice for the entire class.”
The city says the marshals who conducted Myers’ traffic stop do have jurisdiction outside city property, and that they were within their right to pull him over because they claim he drove erratically.
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