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Nevada DOC Psychologist Moonlights as Pimp

Article • November 15, 1995 • from PLN November, 1995

Filed under: Medical Misconduct, Prison Industries, Mental Health, Employee Litigation

Nevada DOC Psychologist Moonlights as Pimp by In the July, 1994, issue of PLN we reported the saga of William Knapp, the chief psychologist of the Nevada DOC whose ambition was to open up a Western theme brothel. We mentioned the case, Knapp v. Miller, 843 F. Supp. 633 (DC …

Economic Reality Applied to FLSA Claims

Article • September 15, 1995 • from PLN September, 1995

Filed under: Work, Prison Labor, Fair Labor Standards Act

Economic Reality Applied to FLSA Claims by Prisoners' struggle to be paid the minimum wage for their labor has met yet another setback. Nevada statute § 209.461(1)(b) requires all state prisoners, not in segregation or with a medical excuse, to work or go to school forty hours a week. Walter …

NV Phone Rate Scalping Examined

Article • July 15, 1995 • from PLN July, 1995

Filed under: Telephones, Telephone Rates

NV Phone Rate Scalping Examined by In response to complaints from prisoners, family members and prison activists, the Nevada Public Service Commission (PSC) began work in December on a plan to regulate phone systems at jails and prisons. PSC Commissioner, Galen Denio, said he has to review testimony and documents …

9th Cir. Upholds Attorney Fee Award

Article • July 15, 1995 • from PLN July, 1995

Filed under: Misconduct/Corruption, Police Misconduct, Attorney Fee Awards

9th Cir. Upholds Attorney Fee Award by This is not a prison case per se. It involves the ninth circuit court of appeals upholding an award of attorney fees of $66,535 in a case where the plaintiff only recovered nominal damages of $1. Because prison litigation often involves small or …

Suit Filed Against "Shoot to Wound" Policy

Article • July 15, 1994 • from PLN July, 1994

Filed under: Systemic Medical Neglect, Medical Expenses, Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Shootings, Seizure of Prisoner Funds

Suit Filed Against "Shoot to Wound" Policy by Suit Filed Against "Shoot to Wound" Policy The American Civil Liberties Union's National Prison Project, based in Washington, D.C., and Reno attorney Donald Evans filed a class action lawsuit in the U.S. District Court on May 16th, 1994 against the governor of …

Prison Psychologist Opens Brothel

Article • July 15, 1994 • from PLN July, 1994

Filed under: Medical Misconduct, Mental Health, Employee Litigation

Prison Psychologist Opens Brothel by While this case has little bearing on prison litigation per se we thought our readers would find it informative and amusing. William Knapp is the Principal Psychologist for the Nevada Department of Prisons. He was fired from his job after initiating and pursuing a venture …

NV Disciplinary Seg Rules Create Liberty Interest

Article • June 15, 1994 • from PLN June, 1994

Filed under: Disciplinary Hearings, Liberty Interests, Notice of Hearing, Damages, Witnesses, Ad-Seg Hearings

NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …

Hearing Required Before Denial of IFP

Article • May 15, 1994 • from PLN May, 1994

Filed under: Civil Procedure, Filing Fees

Hearing Required Before Denial of IFP by Khalid Alexander is a Nevada state prisoner. He tried to file suit and requested in forma pauperis status in order to proceed without paying the normally required filing fees. The Nevada district court has a policy of requiring prisoners to pay a partial …

Prisoners Pursue Prison Industries Litigation Despite Continued Retaliation

Article • April 15, 1994 • from PLN April, 1994

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Prison Industries

Prisoners Pursue Prison Industries Litigation Despite Continued Retaliation by Ken Krause By Ken Krause Several prisoners at the Ely State Prison in Ely, Nevada are continuing to litigate despite repeated retaliation by Ely State Prison officials. Kenneth Krause, Edward Wills and David Bean began a federal RICO suit in 1991 …

9th Cir. Explains Review of Religious Claims

Article • April 15, 1994 • from PLN April, 1994

Filed under: Religious Freedom, Religious Diet, Religious Practices, Religious Property, Clergy

9th Cir. Explains Review of Religious Claims by Jason Ward is the only Orthodox Jewish prisoner at the Ely State Prison in Nevada. He filed suit under § 1983 claiming that prison officials had violated his right to free exercise of his religion by not providing him with a kosher …

Court Cannot Dismiss Suit When Partial Filing Fee Paid

Article • April 15, 1994 • from PLN April, 1994

Filed under: Civil Procedure, Filing Fees

Court Cannot Dismiss Suit When Partial Filing Fee Paid by Robert Butler is a Nevada state prisoner. He filed suit under § 1983 alleging his defense attorney and trial judge at his state court trial had conspired together in order to deny him a fair trial. The district court granted …

Prisoner Entitled to Interest From Prison Account

Article • February 15, 1994 • from PLN February, 1994

Filed under: Money/Property, Interest

Prisoner Entitled to Interest From Prison Account by Prisoner Entitled To Interest From Prison Account Lester Tellis is a Nevada state prisoner. He requested that prison officials credit his personal property account with the interest actually earned on those funds. The officials refused, claiming that Nevada Revised Statute 209.241 grants …

Exposure to Secondary Smoke Can State Claim

Article • September 15, 1993 • from PLN September, 1993

Filed under: Smoking, Eighth Amendment, Civil Procedure, Injunctions, Expert Witnesses

Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …

Service Complete When Delivered to Prison Officials

Article • August 15, 1993 • from PLN August, 1993

Filed under: Medication, Discovery, Service, Mental Health

Service Complete When Delivered to Prison Officials by Brian Faile is a Nevada state prisoner. He sued the Upjohn company claiming that their product Xanax, a prescription drug, caused him depression and violent outbursts which resulted in his being severely wounded by police and imprisoned. The district court dismissed Faile's …

Mere "Institutional Security" Claim Not Enough

Article • June 15, 1991 • from PLN June, 1991

Filed under: HIV/AIDS, Medical Experiments/Exploitation, Excessive Force, Guard Brutality/Beatings

Mere "Institutional Security" Claim Not Enough by Mere "Institutional Security" Claim Not Enough A former prisoner of the Nevada State Prison brought a federal civil rights complaint against guards claiming that his fourth, eighth and fourteenth amendment rights were violated. He contended the violation occurred when guards forced him to …

Exposure to Secondary Smoke Found Unlawful

Article • May 15, 1991 • from PLN May, 1991

Filed under: Smoking, Eighth Amendment, Immunity/Liability, Qualified Immunity

Exposure to Secondary Smoke Found Unlawful by Exposure To Secondary Smoke Found Unlawful The federal 9th Circuit Court of Appeals has ruled that exposing prisoners to ETS (Environmental Tobacco Smoke) violates the 8th amendments right for prisoners to be free from cruel and unusual punishment. The Court has decided that …

Digital Probe Costs Nevada $4,000

Article • November 15, 1990 • from PLN November, 1990

Filed under: Searches, Body Cavity Searches, Supervisory Liability

Digital Probe Costs Nevada $4,000 by A U.S. Court of Appeals, noting that a digital anal body cavity search is "humiliating, degrading and uncomfortable" and that more "narrow and restrictive means could have been used," held that the defendant Associate Warden of a Nevada prison must pay an award of …

Shapley v. O'callaghan, NV, Settlement Agreement, Conditions of Confinement, 1983

Brief • August 23, 1983

Filed under: Conditions of Confinement

Shapley v. O'callaghan, NV, Settlement Agreement, Conditions of Confinement, 1983 />0 72 • (Rev.8/82) Shapley v. O'Callaghan 1 2 ^ 3 « m •••• «• • • • • PC-NV-005-003 4 5 ENTERED 6 7 AUG. 2 21983 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA CLERK, U. S. …

Prison Legal News v. Crawford, Preliminary Injunction, Nevada DOC Censorship 2000

Filing

Prison Legal News v. Crawford, Preliminary Injunction, Nevada DOC Censorship 2000 , N m o.l P·2 , • • , • • • , t • • AQorncys For Plaintiff! -- -n ;; ~. " " " " .. .. .. " .. .. UNITED STAYES DISTRICT COURT DISTRICT OF …

Kirk v. Sgt. Foster, NV, Order, Excessive Force, 2014

Brief

Filed under: Conditions of Confinement, Excessive Force, Guards/Staff

Kirk v. Sgt. Foster, NV, Order, Excessive Force, 2014 Case 3:13-cv-00296-RCJ-WGC Document 52 Filed 11/04/14 Page 1 of 1 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * ** ) ) ) ) ) ) ) ) ) ) DEREK KIRK, 5 Plaintiff, 6 v. 7 SGT. …