Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix by Brandon Sample In April 2007, Joe Francis, 36, the multi-millionaire founder of the popular soft porn Girls Gone Wild videos – which consist of young women exposing themselves at parties, clubs and spring break – was charged with …
Nevada Prisoners Can Not Use State’s Open Meeting Law to Circumvent Psych Review by The Nevada Supreme Court has held that a life-sentenced prisoner cannot sue the state’s Psychological Review Panel (Panel) for damages under the Open Meeting Law due to the Panel’s denial of a psychological clearance needed to …
Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matthew Clarke Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matt Clarke In an attempt to reduce prison overcrowding and save money, Nevada has expanded its efforts to deport incarcerated non-citizens, including …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Prisoners Used for 2008 Voter Registration, Election Campaigning by Last year, prisoners participating in a work release program were hired by Choices Group, a contractor, to register voters in Nevada. Residents of the Casa Grande Transitional Housing Facility in Las Vegas were used to canvass neighborhoods and sign up voters …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
1980s Settlement Agreement Heads to Improved Conditions in Nevada Prisons by The state of Nevada has agreed to a comprehensive settlement agreement that will improve conditions at all Nevada prisons. Billy Shapley and other Nevada state prisoners filed a class action suit against Nevada prison officials alleging that their First, …
Nevada Revamps Rules Regarding Sealing And Redacting Court Records by The Nevada Supreme Court approved an amendment to Part VII of the Supreme Court Rules Governing Sealing and Redacting Records in 2007. The amendment applies to all civil actions with the exception of specific statutory provisions. Due to concern by …
Nevada Seeks Non Judicial, Independent Appointment of Public Defenders by The Nevada Supreme Court ordered the creation of an Indigent Defense Commission (IDC) in 2007 to study and make suggestions regarding concerns for the selection, appointment, compensation, qualifications, performance standards and caseloads of public defenders. The Public Defender's Office was …
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Nevada Phone Contract Reduces Costs to Prisoners’ Families But Increases State’s Kickback by David Reutter Nevada Phone Contract Reduces Costs to Prisoners’ Families But Increases State’s Kickback by David M. Reutter A panel headed by Nevada Governor Jim Gibbons has approved a contract that reduces the cost of in-state collect …
PLRA Failure to State Claim Dismissals Reviewed De Novo by Dismissals under the PLRA for failure to state a claim are governed by the same de novo review standard as is used under Rule 12(b)(6), Fed.R.Civ.P. The plaintiff alleged that the defendants refused to approve his payment of a court-ordered …
National Council of Juvenile and Family Court Judges to Pay for Grant Fraud by On March 10, 2008, the National Council of Juvenile and Family Court Judges (NCJFCJ) agreed to settle a grant fraud case for $300,000. After being promoted to Special Projects Manager of the NCJFCJ, Serena Hulbert requested …
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms by The Ninth Circuit Court of Appeals reversed a district court’s dismissal under 28 U.S.C. § 1915A(b) of a Nevada prisoner’s § 1983 action for failure to exhaust administrative remedies. Citing Wyatt v. Terhune, 315 F3d 1108 (9th Cir. 2003), the …
Nevada Board of Commissioners' Phone Records Subject to Disclosure under State PRA by DR Partners (newspaper) sued the Clark County (Nevada) Board of Commissioners in state court under the state Public Records Act (PRA) Nev. Rev. Stat. § 239.010 at seq., to compel disclosure of the Board's phone records. The …
Nevada Railway Project Documents Exempt from Disclosure by The Reno Gazette-Journal (newspaper) sued the city of Reno, Nevada in state court to compel disclosure of documents associated with a railway's property acquisition and relocation. The trial court found that the state Public Records Act (PRA) Nev. Rev. Stat. § 342.105 …
Nevada Police Report Must Be Disclosed to Public by Dorney of Nevada, Inc. (newspaper) sued the Reno, Nevada Police Department in state court to compel disclosure of an investigation report. The trial court dismissed, believing that Nev. Rev. Stat. § 179A rendered all such reports exempt from disclosure to the …
Nevada Prisoner Health Care So Atrocious, Prisoners Volunteer for Execution to Avoid Suffering by David Reutter by David M. Reutter “It is my opinion that the medical care provided at Ely State Prison amounts to the grossest possible medical malpractice, and the most shocking and callous disregard for human life …
