Nevada Revised Statutes

Nev. Rev. Stat. § 289.057 (2026)

Investigation of allegation of misconduct; law enforcement agency prohibited from taking certain actions during investigation; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances

✓ current as of July 2026
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NRS 289.057  Investigation of allegation of misconduct; law enforcement agency prohibited from taking certain actions during investigation; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances.

      1.  Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred.

      2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not:

      (a) Suspend a peace officer without pay; or

      (b) Deny an increase in seniority or compensation, unless an investigation may lead to dismissal or demotion,

Ê during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

      3.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      4.  A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.

      (Added to NRS by 2005, 620; A 2007, 422; 2011, 1750; 2019, 2661; 2020, 32nd Special Session, 76; 2025, 2623)

     

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2017–2025 · leading case: LVPPA v. Eighth Jud. Dist. Ct., 2022 NV 59 (Nev. 2022).
LVPPA v. Eighth Jud. Dist. Ct., 2022 NV 59 (Nev. 2022). · cites it 10× “" The district court clarified that this permanent injunction was "limited to investigations within the meaning of NRS 289.057" and that the EMRB shall continue to govern other matters.”
Knickmeyer v. State of Nevada, 2017 NV 84 (Nev. 2017). · cites it 4× “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017). · cites it 4× “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017). · cites it 4× “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer v. State of Nevada (Nev. 2017). · cites it 4× “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
City of Las Vegas v. Las Vegas Police Prot. Ass'n., 141 Nev. Adv. Op. No. 1 (Nev. 2025). “NRS 289.057(1). A peace officer being investigated or who will serve as a witness also has a right to written notice of the investigation.”
— Nev. Rev. Stat. § 289.057(1) — 1 case
City of Las Vegas v. Las Vegas Police Prot. Ass'n., 141 Nev. Adv. Op. No. 1 (Nev. 2025). “NRS 289.057(1). A peace officer being investigated or who will serve as a witness also has a right to written notice of the investigation.”
— Nev. Rev. Stat. § 289.057(3)(a) — 4 cases
Knickmeyer v. State of Nevada, 2017 NV 84 (Nev. 2017). “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017). “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer Vs. State, Ex. Rel. Eighth Jud. Dist. Ct., 2017 NV 84 (Nev. 2017). “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
Knickmeyer v. State of Nevada (Nev. 2017). “040, NRS 289.057, and NRS 289.060. As an initial observation, however, Knickmeyer waived this objection by failing to ever request any such discovery below or object to any failure to receive it to the arbitrator.”
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