Las Vegas, NV (August 12th, 2025) – A year after allegations surfaced that officers at High Desert State Prison fatally assaulted an inmate, the Nevada Department of Corrections (NDOC) has reached a confidential settlement with the inmate’s mother. While the settlement signals the end of the legal case, it leaves unresolved questions about the incident, the state’s handling of in-custody deaths, and the broader issue of accountability within Nevada’s prison system.
Each year in Nevada, dozens of inmates die while in custody. In 2024 alone, the NDOC reported 55 inmate deaths. While some of these fatalities are due to natural causes or other such factors, some are the result of facility negligence.
If your loved one died while incarcerated under questionable circumstances, contact our wrongful death lawyers at George Bochanis Injury Law Offices today. Call 702-388-2005 to discuss your case.
Allegations That Sparked the Lawsuit
The wrongful death lawsuit, filed in April 2024, accused NDOC officers of using excessive force against the inmate just two days before he was found unresponsive inside the prison infirmary. According to the complaint, the inmate’s body showed visible bruising, and whistleblowers within the facility alleged a violent assault had taken place.
The lawsuit named NDOC, prison management, correctional officers, and the Clark County Coroner’s office as defendants. The Nevada Attorney General’s office represented the state, and while it denied wrongdoing, it ultimately agreed to a settlement that must be approved by the Nevada Board of Examiners.
The Path to Settlement
Court documents filed on August 8, 2025, revealed that a settlement had been reached for an undisclosed amount. Before funds are dispersed, the resolution requires approval from the Board of Examiners before it becomes official. The board is a three-member body, made up of the governor, the attorney general, and the Secretary of State. The Board of Examiners meets next on October 14, 2025, and that meeting is expected to include a public vote on the agreement.
Such settlements with state agencies follow a structured process, often involving negotiations that weigh the strength of the plaintiff’s evidence against the potential costs and risks of trial.
Oversight Structures
Nevada’s prison system is overseen by two bodies with overlapping responsibilities – The Board of Prison Commissioners and the Board of Examiners. Both boards play a role when allegations of misconduct lead to lawsuits.
The Board of Prison Commissioners
Composed of the governor, attorney general, and Secretary of State, this board sets broad NDOC policy, approves operational rules, and hears reports from the director of corrections. In theory, it has the power to hold leadership accountable for staff conduct, but in practice, its meetings often focus on administrative updates, budget discussions, and regulatory matters.
Critics argue that without dedicated investigative resources or independent membership, the board rarely initiates deep inquiries into specific incidents like in-custody deaths.
The Board of Examiners
Also made up of the same three elected officials, this board serves as Nevada’s final financial gatekeeper. All settlements involving state agencies, including NDOC, must be approved here before they are finalized.
When a case comes before the board, members are presented with a summary from the attorney general’s office outlining the facts, the nature of the claims, the proposed settlement amount, and whether the payment will come from the state’s tort claim fund or another source. While these meetings are open to the public, case summaries are often brief and may omit sensitive or disputed details. As such, the review process is more about confirming the financial terms than re-litigating the facts of the case. Approval is typically granted unless board members believe the agreement is legally or financially unsound.
Because the same three elected officials sit on both boards, there is little separation between policy oversight and settlement approval. Transparency advocates say this structure creates a built-in conflict of interest: the people responsible for NDOC policy are also tasked with approving settlements that may stem from failures of that very policy.
Nevada’s Record and Why This Matters
Claims involving in-custody deaths have appeared in Nevada before, some leading to settlements and others closing with little public follow-up. Common patterns include limited public disclosure about internal discipline, divergent medical opinions, and cases where criminal charges against staff were not pursued. Those recurring dynamics are part of the reason families and advocates press for clearer, independent oversight and for changes to how in-custody deaths are investigated.
One Settlement, Many Unanswered Questions
In-custody deaths often trigger both civil and criminal inquiries. In this case, despite photographic evidence, whistleblower accounts, and disputes over the cause of death, the Nevada Attorney General’s office declined to pursue charges against any correctional officers. The decision has drawn criticism from advocates, who argue it reflects a systemic reluctance to hold prison staff accountable.
The confidential nature of settlements means that the public rarely learns whether allegations were substantiated, how evidence was weighed, or whether internal disciplinary actions occurred. For families of inmates, this lack of transparency can deepen mistrust in the system.
Challenges in Proving Wrongful Death in Custody
Wrongful death claims involving incarcerated individuals are among the most difficult to litigate. Prison officials often control access to witnesses, records, and security footage. In addition, families must navigate the unique procedural requirements of suing a government agency.
The core elements of a wrongful death claim still apply — duty of care, breach of that duty, causation, and damages. However, in a prison setting, each is harder to prove because:
- Key evidence is typically in state custody
- Witnesses may fear retaliation
- Medical records can be limited or delayed
- Autopsy findings may conflict with independent assessments
These challenges often push families toward settlement, even when they believe they have a strong case.
Legal and Practical Hurdles for Families Suing the State
Suing a government agency is different from a private-party lawsuit. Nevada imposes procedural requirements that, if missed, can prevent a case from moving forward. Plaintiffs pursuing claims against state entities must follow notice provisions, sometimes shorter timelines, and specific rules about which official channels to use.
Advocating for Families in Wrongful Death Cases
At George Bochanis Injury Law Offices, we have represented Nevada families in wrongful death cases for more than 30 years. We know the legal and investigative challenges these cases present, particularly when they involve state agencies.
Our approach is thorough and methodical: gathering evidence, consulting independent experts, interviewing witnesses, and building a case that can withstand the challenges of litigation against powerful defendants. We understand the emotional toll these cases take, and work to secure both justice and fair compensation for our clients.
If you have lost a loved one in state custody under suspicious circumstances, call 702-388-2005 today for a free initial consultation.
