Judge bars Vegas police from pepperballing protesters who are not immediate threats

A federal judge issued a partial preliminary injunction on Saturday that stops the Las Vegas Metropolitan Police Department from firing pepperballs at protesters unless those individuals pose an immediate threat to public safety. The order follows a review of video evidence showing an officer shooting a demonstrator in the back while she walked away.

The legal action stems from events on June 11, 2025, near the Fremont Street Experience and South Las Vegas Boulevard. Thousands of people gathered to protest federal immigration enforcement policies. Police declared the assembly unlawful and issued five dispersal orders between 8:34 p.m. and 9:07 p.m. The department then deployed SWAT units and entered mass arrest mode.

Protester Kathleen Cavalaro arrived at the scene after 10 p.m. carrying a sign. When an officer told her to leave, she turned and walked away while filming on her phone. Body camera footage showed officers firing pepperballs into her back during her retreat. Police tackled her and arrested her for failure to disperse and provoking a breach of the peace.

Cavalaro filed a federal civil rights lawsuit against the department, arguing the force was excessive and retaliatory. Her attorneys claimed police fabricated details in the arrest report to justify their actions, contradicting the body-worn camera video.

The judge wrote in the order that Cavalaro demonstrated a strong likelihood of success in her claims. The ruling specifically noted that the shot appeared intentional, retaliatory, and excessive based on the reviewed videotape.

Under the new injunction, Metro officers cannot use pepperballs as kinetic energy projectiles against protesters unless the target presents an immediate threat or engages in assaultive conduct. The department must also follow its 2026 Protest Policy when deploying the weapons against Cavalaro.

The court denied a broader request to stop police from enforcing dispersal orders outside designated zones once demonstrators comply. The judge found that request overly broad and an improper micromanagement of police discretion. The ruling aims to reduce the chilling effect on Cavalaro's First Amendment rights during future demonstrations.