Ninth Circuit agrees with Defendant and Reverses Contempt Conviction by Derek Gilna By Derek Gilna Although agreeing with the government that the defendant, James Kimsey was "no saint," the Ninth Circuit Court of Appeals agreed with Kimsey that he could not be held in contempt for failure to obey a …
Rich v. Taser International, NV, Ptf's Response to Lack of Standing Mtn., Taser Death, 2012 Case 2:09-cv-02450-ECR-RJJ Document 122 Filed 05/04/12 Page 1 of 5 1 John Snow, Nevada State Bar No. 4133 VANCOTT, BAGLEY, CORNWALL & McCARTHY 2 2300 W. Sahara Avenue, Suite 800 Las Vegas, NV 89102 jsnow@vancott.com …
Evans v. Skolnik, NV, Order re Ptf's Objection to R&R, Atty Call Monitoring, 2012 Case 3:08-cv-00353-GMN -VPC Document 232 Filed 03/07/12 Page 1 of 9 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DONALD YORK EVANS, et al., 4 5 Plaintiffs, vs. 6 HOWARD SKOLNIK, et al., 7 …
Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated by The Ninth Circuit Court of Appeals invalidated a Nevada prison policy barring male employees from holding certain supervisory positions at a women’s prison. Circuit Judge Marsha S. Berzon delivered the opinion, holding that the ban violated Title VII of …
Restitution Payments through IRFP Not Subject to Judicial Scrutiny by Restitution paid through the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IRFP) is not subject to judicial scrutiny, U.S. District Judge Rodger C. Hunt held December 11, 2007. Mark Young, a federal prisoner, filed a motion with his sentencing …
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
Evans v. Inmate Calling Services, NV, Report and Recommendation, Atty Call Monitoring, 2011 Case 3:08-cv-00353-RCJ-VPC Document 222 Filed 07/29/11 Page 1 of 36 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 DONALD YORK EVANS & JOHN WITHEROW ) ) ) Plaintiffs, ) …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Interpreters Allowed in Nevada Small Claims Cases by Mark Wilson By Mark Wilson The Nevada Supreme Court held “that under both its inherent and express powers, a justice court is authorized to” appoint interpreters in small claims cases. In 2004, Hermes Caballero was transported from an Arizona prison to Ely …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison by In July 2010, Nevada officials agreed to settle a federal class action lawsuit filed by the ACLU pursuant to 42 U.S.C. § 1983 that alleged constitutionally inadequate medical care at Ely State Prison. The ACLU …
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Riker v. Gibbons, NV, Order Approving Settlement, Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 174 Filed 10/28/10 Page 1 of 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DAVID RIKER, et al., 10 Plaintiffs, 11 vs. 12 JAMES GIBBONS, et al., 13 …
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Riker v. Gibbons, NV, Order for Hearing Class Action Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 148 Filed 08/02/10 Page 1 of 1 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DAVID RIKER, et al., 10 Plaintiffs, 11 vs. 12 JAMES GIBBONS, et …
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
Riker v. Gibbons, NV, Order Granting Joint Mot Class Action Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 146 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 6 7 Filed 07/28/10 Page 1 of 2 ) ) ) ) ) ) ) ) ) ) ) ) DAVID …
