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Reports and a viral online video show the officer grabbing a black teenager and slamming him onto the ground after the teen attempted to record another ongoing incident. The officer kneeled on the teen’s back, handcuffed him, and proceeded to detain him.
While an investigation has already taken place and no punishment has been ordered, the American Civil Liberties Union of Nevada hasn’t given up on seeking justice after the alleged use of excessive force. They’ve requested the release of the records and files related to the matter, but they’ve been denied repeatedly.
Now, they’ve taken their case all the way to the Nevada Supreme Court, which will now decide whether the files should be released or not.
The files in question, according to the ACLU, should reveal the extent of Lt. Jason Elfberg’s actions during the incident in February of 2023. According to the Clark County District Court, the files do not need to be released because an investigation has already taken place and no wrongdoing was uncovered. A lower court judge ruled that the final report and full file should remain confidential since no wrongdoing was found, but the ACLU appealed to a higher court.
The Clark County School District’s attorney, Jackie Nichols, argues that the investigative files should be kept confidential. Further, he argues that not even Elfberg was able to review the final report or investigative material. Initially, the Clark County School District withheld the records under statutory provisions, existing case law, and district regulations that support withholding the files.
During earlier hearings in district court, the ACLU successfully obtained many of the materials related to the case. Among the items released were body-camera footage from multiple officers and internal emails.
Court records suggest that thousands of pages of emails were uncovered. The ACLU pushed further and also sought the final internal investigative report, which would include witness interviews and transcripts.
During a police interaction, the officers must follow the law and respect a citizen’s rights. Excessive force, under the law in Nevada, is considered any force that’s more than reasonably necessary to control a situation or that violates a person’s constitutional rights.
Courts and investigative bodies will consider all relevant factors, including the seriousness of the crime, the level of resistance displayed by the suspect, the officer’s actions, and any immediate threats, to determine what level of force would be necessary.
If you’re currently in the Las Vegas area and you feel like your rights were violated during a recent interaction with the police, then it’s crucial to hire a criminal defense attorney as soon as possible.
Here at LV Criminal Defense, our team of experienced quality attorneys is prepared to fight for you. Schedule a free case review now to get started.
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