Man sues police, hotel-casino

Kim Smith

Thursday, Jan. 3, 2002 | 9:36 a.m.

A Las Vegas man who claims he was handcuffed and beaten at a downtown hotel-casino has filed a 24-page federal lawsuit against Metro Police, two officers and the hotel-casino.

Frankie Davis, 33, alleges that on Nov. 7, security officers at the Las Vegas Club hotel-casino arrested him for allegedly "prowling" at the casino and then proceeded to beat, tease and taunt him while he was handcuffed.

Davis alleges that a short time later, Officer David D. Miller took custody of him, in the process slamming his head into a wall with enough force to leave a mark.

Davis said he was then placed on the floor and Miller straddled him and continued to beat him as the security officers watched.

As a result of Miller's actions, Davis said he sustained a broken neck that will require surgery in February. Until that time, the lawsuit states he will be required to wear a device to stabilize his head.

The incident was caught on videotape, said Davis' attorney, Barry Levinson.

Davis is suing on the grounds of excessive force, cruel and unusual punishment, conspiracy, false imprisonment, negligence and assault and battery.

Earlier this week Undersheriff Richard Winget said Miller and Sgt. Leonard Marshall were relieved of duty during the weekend pending the outcome of internal investigations.

Marshal was suspended because it is believed he knew about the incident, but didn't report it to superiors.

Police officials learned of the incident in a Dec. 13 letter from the city that included a copy of the video, Winget said.

According to the department's disciplinary guidelines, punishment for inappropriate use of force for the first offense is a written reprimand or a minor suspension -- eight to 40 hours.

The punishment for gross inappropriate use of force is firing on the first offense.

Chief Deputy District Attorney Ron Bloxham said Wednesday that his office has yet to receive the file from the police department. Once it is received, District Attorney Stewart Bell and a group of deputy district attorneys will determine if criminal charges should be filed against Miller.