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 …
Riker v. Gibbons, NV, Complaint Class Action Declaratory and Injunctive Relief, medical conditions, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 Amy Fettig (pro hac vice pending) Margaret Winter (pro hac vice pending) THE NATIONAL PRISON PROJECT OF THE ACLU FOUNDATION, INC. 915 15th …
Nevada Jail Strip Searches Before Release on Own Recognizance Unconstitutional by A Nevada federal district court has held that the Washoe County Sheriff Department?s (WCSD) policy of strip-searching all arrestees who self-surrender and are then released on their own recognizance (OR) is unconstitutional. Before the Court was a summary judgment …
NV Prisoner's Right-to-Private-Mental-Health-Consultation Suit to go to Trial by Mark Miller, a Nevada state prisoner, received mental health consultations through his cell door. He filed grievances requesting private consultations, to no avail. He then filed suit in federal district court claiming that the denial of private mental health consultations violated …
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Publisher-Only Rule May Be Invalid as to Authors by The Ninth Circuit Court of Appeals held that a Nevada publisher-only ban on publications may be unconstitutional as applied to authors. The court noted that Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979) held that a publisher only rule …
NV Jail Commissioners Liable For Raped Prisoner by The U.S. District Court for the District of Nevada held that a triable issue existed when a prisoner was raped while in custody. Christopher Warner was in custody of the Washoe County Jail when he was assaulted and raped by fellow prisoners. …
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
No Liberty Interest in Sex Offender Classification by A prisoner plaintiff said he had no internal procedure available to challenge his sex offender classification. Defendants said that the grievance system permitted classification matters to be aired. The court decides the question in favor of defendants and dismisses for non-exhaustion, noting …
Prison Strip Search Policy Reasonable, Tasers Okay by The U.S. Ninth Circuit Court of Appeals ruled that a maximum security prison's strip search policy was reasonable and, in a case of first impression, held that tasers, also known as "stun guns," could be used by prison guards to enforce compliance …
Seizure of Nevada Prisoner Wages Held Constitutional by Nevada prisoners filed suit under 42 U.S.C. § 1983 alleging that a prison policy of deducting room and board expenses from wages earned in a work program violated their constitutionally protected rights of due process and equal protection. The district court for …
Nevada: Prisoners Eligible for Out-Of-State Jail Time by The Nevada Supreme Court held that a state prisoner was "entitled to credit for time served in presentence confinement in another jurisdiction when that confinement was solely pursuant to the charges for which he was ultimately convicted." Joshua I. Nieto was arrested …
No Deliberate Indifference to Medical, Denial of Access to Courts by The U.S. Court of Appeals for the Ninth Circuit held that the delay of a prisoner's medical treatment did not constitute deliberate indifference, nor did his limited access to legal research material constitute denial of access to the courts. …
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
