Court Cases

Doneale Feazell was just 18 years old when he was accused of committing a homicide and sentenced to life in prison without the possibility of parole. He filed a petition for writ of habeas corpus, challenging his unconstitutional detention. Alongside the Juvenile Law Center, we filed an amicus brief in support of his petition, arguing that sentencing an 18-year-old to die in prison violates the Nevada Constitution's ban on cruel or unusual punishment. Nevada’s Constitution provides stronger protections than the federal standard. While the Eighth Amendment prohibits “cruel and unusual punishment,” Nevada prohibits punishment that is “cruel or unusual.” Courts in other states have relied on similar language to strike down life without parole sentences for older adolescents, including those up to age 20. Research shows that young people in this age group share key developmental traits with those under 18, including a greater capacity for growth and change. Because of this, states across the country are expanding protections, including access to parole and resentencing. Nevada courts should do the same. Given this growing body of research and legal precedent, Nevada courts should recognize that sentencing young people like Feazell to die in prison is unconstitutional.

Despite only being 19 when accused of murder, Johnny Baggett was sentenced to two consecutive life terms without the possibility of parole. He filed a petition for writ of habeas corpus, challenging his unconstitutional detention and raising claims of ineffective assistance of counsel that prevented him from proving his innocence. In conjunction with the Juvenile Law Center, we filed an amicus brief in support of his petition, arguing that sentencing a 19-year-old to life without parole violates the Nevada Constitution's ban on cruel or unusual punishment. The Nevada Constitution provides stronger protections than the federal standard. While the Eighth Amendment prohibits "cruel and unusual punishment," Nevada prohibits punishment that is "cruel or unusual." Courts in other states have relied on similar language to strike down life without parole sentences for older adolescents, including those up to age 20. Research shows that young people in this age group share key developmental traits with those under 18, including a greater capacity for growth and change. Because of this, states across the country are expanding protections, including access to parole and resentencing. Given this growing body of research and legal precedent, Nevada courts should recognize that sentencing young people like Baggett to die in prison is unconstitutional.

The ACLU of Nevada filed a lawsuit on behalf of Lance Downes-Covington, who was unlawfully stopped and detained by Las Vegas City Marshals. In April 2023, Las Vegas Marshal Sergio Guzman stopped Lance Downes-Covington, citing an alleged traffic code violation. Despite complying with the marshals’ instructions, Downes-Covington was threatened with a handgun and a taser, forcibly handcuffed, and violently slammed to the ground. He was taken to the Las Vegas city jail and then transferred to University Medical Center to be treated for injuries received during the arrest. The charges against Downes-Covington were eventually dismissed. General traffic enforcement falls outside the Las Vegas marshals' jurisdiction, and their actions violated our client’s rights under the Fourth Amendment of the U.S. Constitution and under Article 1 of the Nevada Constitution. The complaint also alleges civil rights violations for excessive force, prolonged detention, and false arrest and imprisonment. Guzman and the Las Vegas marshals were named as plaintiffs in a separate, unaffiliated civil rights case in March. The Nevada Legislature this year did not move forward a proposed bill to adjust the jurisdiction and authority of municipal agencies such as the Las Vegas marshals. We are seeking an order from the court declaring that the Las Vegas City Marshals office misinterpreted the scope of its authority, as well as monetary damages and attorney fees.

The American Civil Liberties Union of Nevada filed this case on behalf of eleven individuals whose constitutional rights were violated by the Las Vegas Metropolitan Police Department and the Rio Hotel. On August 19, 2018, our plaintiffs were having a birthday celebration at the Rio Hotel. Each of the 34 guests in attendance that evening is Black. LVMPD, aided by Rio staff, stormed in with no warrant and no reason to believe that any crime was being committed. Despite having no reasonable suspicion, LVMPD officers handcuffed and searched every single guest in attendance. Each guest was made to sit in the hallway of the Rio handcuffed with no access to food, water, or restroom facilities for up to 6 hours. LVMPD alleged that the birthday party was a “gang party,” but no guest was arrested for any criminal gang activity. We’re suing to end LVMPD’s racially discriminatory practice of indiscriminately and unlawfully detaining and searching individuals in violation of the Fourth and Fourteenth Amendments.