Can Nevada Families Sue Under the State Constitution When a Parent Is Killed by Police? We Have Asked the Nevada Supreme Court

On October 22, 2026, Breeden & Associates filed a petition for a writ of mandamus in the Nevada Supreme Court (Docket No. 93497) on behalf of Julia France and Skyler Wilson. They are the adult children of Seth S. Wilson, who was shot and killed by two Las Vegas Metropolitan Police Department officers on June 20, 2024. The family's lawsuit alleges that Mr. Wilson was lowering an unloaded rifle, as officers had ordered, when they opened fire. These are allegations, and the case is still pending.

What the petition asks

Article I, Section 8 of the Nevada Constitution says no person may be deprived "of life, liberty, or property, without due process of law." The family claims this protects a child's bond with a parent, often called a "loss of familial association" claim.

The district court allowed the family's other claims to move forward. But it dismissed this one because the Nevada Supreme Court "has not recognized" it. In Mack v. Williams (2022), the Supreme Court set out a framework for deciding whether a part of the Nevada Constitution allows a lawsuit for money damages. The petition argues the district court should have applied that framework instead of stopping because no case had decided the issue yet.

The petition asks the Court to recognize this claim, to hold that whether an officer's conduct "shocks the conscience" is judged by looking at all of the circumstances, and to reinstate the family's claim. The Court has never decided this question.

Why it matters to Nevada families

When a family member dies at the hands of a government actor, families often rely on federal law. The petition argues that Nevada's own Constitution should also protect the bond between parent and child, and that families should not be turned away simply because the question is new.

The Supreme Court may or may not choose to hear the petition, and we cannot predict how it will rule.

This post discusses a pending case handled by our firm. It describes public court filings and allegations that have not been proven. Every case is different, and past results do not guarantee a similar outcome. This post is not legal advice.

If you lost a family member because of the actions of a police officer or other government official in Nevada, call us at (702) 819-7770 for a free consultation.