Woman livestreaming ICE protest is ‘violently’ arrested by cops, NV suit says
A woman suing Las Vegas police says she was “violently tackled” and wrongfully arrested by a group of 16 officers while peacefully livestreaming law enforcement activity at the end of an immigration protest.
Karlin Martinez, of Clark County, was apprehended in downtown Las Vegas shortly after midnight on June 12, when the group of officers initially walked by her and another person who had been livestreaming, according to a complaint filed Oct. 27.
One of the officers, who is accused of ordering her arrest, mocked Martinez, the lawsuit says, asking “Don’t you got something better to do?”
That is when the other livestreamer responded, angering the officer, according to the complaint.
“How about honor your oath. Honor your oath, (expletive),” the man next to Martinez said, the filing notes.
The officer then ordered the arrests of both Martinez and the man, despite Martinez protesting that she had not done anything wrong, the complaint says.
The officer told the man he had been running his mouth, and also addressed Martinez, according to the complaint, saying:
“You enjoy your night? You enjoy your night? Yeah? You should have shut your mouth too. You should’ve left hours ago. Now shut up.”
Attorneys for Martinez argue in the filing that he “arrested Ms. Martinez because she was standing next to a person that “ran (his) mouth” and (he) perceived an association between the two.”
He also had her arrested, according to the complaint, because she had been filming.
“It is called First Amendment retaliation, that is the main part of the lawsuit,” one of Martinez’s attorneys, Stephen Stubbs, told KSNV. “Miss Martinez’s First Amendment rights were violated, and they retaliated against her because of a perceived association; she didn’t even say anything offensive to them.”
When contacted by McClatchy News for comment on Oct. 30, the Las Vegas Metropolitan Police Department said via email that the agency does not comment on pending litigation.
Hundreds of people at the protest
The evening of June 11, Martinez was one of hundreds of people gathered for the protest.
She had been peacefully demonstrating, and encouraged others to do the same, as exercise of her constitutional right to free speech, according to the lawsuit.
The filing notes she has sincere political beliefs on federal immigration enforcement tactics.
Martinez “holds the political belief that current enforcement practices are unduly aggressive and use tactics that separate families, disrupt communities, and create widespread fear among immigrant populations,” the complaint says.
The filing notes that this was one of many events she has livestreamed downtown and that out of about 800 protesters, most remained peaceful.
Martinez started her livestream on Tiktok at about 7:57 p.m., according to the complaint.
That night, a minority of protesters had blocked roads, threw water bottles and rocks at officers and vandalized property, police said, according to the complaint, leading authorities to issue a dispersal order. The order was announced on Facebook around 9:12 p.m.
Martinez, the complaint says, did not see the online announcement, was unaware of the order and continued streaming.
‘Keep it peaceful’
Nearly three hours later, Martinez’s livestream captured her advocating for peace, according to the complaint, telling her viewers “if you come out here, just make sure to keep it peaceful, guys. That’s all we want.”
Minutes later, Martinez was forcefully arrested, the complaint says.
When she was tackled by officers, Martinez yelled, “I’m going to have a heart attack. You’re (expletive) pushing me. I’m not resisting. I swear I’m not resisting.” The lawsuit says Martinez has “major heart issues.”
Stubbs told McClatchy News on Oct. 30 that Martinez was taken to the Las Vegas City Jail, where she spent nearly 24 hours.
Though she was arrested on charges of failure to disperse and provoke breach of peace, according to the lawsuit, Stubbs said she was never prosecuted.
The city prosecutor reviewed footage of Martinez’s arrest and declined to pursue charges, according to Stubbs.
Out of about 94 people arrested in total, the complaint says “approximately” four people were prosecuted.
With her lawsuit, Martinez is demanding a jury trial and seeks more than $135,000 in damages. She is suing on nine causes of action.
Her arrest has not stopped Martinez from livestreaming events in downtown Las Vegas, Stubbs said. She continues to do so each weekend.