When does force cross the line and become brutality? The death of a prisoner in a Nevada correctional facility has raised questions about the use of force, and inmates’ rights. As of June 2023, there were 10,443 people incarcerated across the state. While imprisoned as a punishment for criminal convictions, there is still an expectation that inmates should be treated fairly and humanely. Unfortunately, that is not always the case, and many prisoners suffer mistreatment and harm at the hands of those charged with ensuring their safety.
If your loved one died while in custody of the Nevada Department of Corrections, you may have grounds to pursue a wrongful death claim. Call our team at George Bochanis Injury Law Offices in Las Vegas to discuss your options and find out how you can pursue financial justice for your deceased family member. 702-388-2005.
The Responsibility to Keep Inmates Safe
The Nevada Department of Corrections has a legal and ethical responsibility to maintain a humane environment for inmates. Framed by state and federal laws, prison facilities are obligated to ensure inmates are not subjected to cruel or unusual punishment, and to provide inmates with necessary medical and mental health services.
Case law has helped define the scope of the protections established through state and federal laws regarding inmate safety. For example, previous lawsuit rulings have set precedent to consider the use of excessive force by prison guards as cruel or unusual punishment. Deliberately failing to address the serious medical needs of inmates is also a violation of their rights.
The mother of an inmate who died in a Nevada prison claims that the corrections department failed in its responsibilities toward her son. The inmate, who had spent more than two dozen years behind bars, had reportedly been experiencing issues such as paranoia and losing his train of thought. Prison guards claimed they had to restrain him with their hands and batons when he became aggressive and disregarded their commands. His family, however, described him as someone who sought to stay out of trouble, and who worked to better himself, obtaining certificates in computer programming and Christian studies.
Most Common Allegations of Brutality
Allegations of brutality shed light on the disturbing issue of violence within Nevada prisons. During and after their incarcerations, Nevada prison inmates have reported mistreatment that violates their rights. Such mistreatment, according to their claims, cause physical and psychological harm.
Physical Harm
Commonly reported instances of mistreatment within the corrections department include the use of physical force, causing harm. For example, guards using unnecessary force, such as the disproportionate use of physical strikes, tasers, or pepper spray, to subdue unruly inmates, or during cell extractions or lockdowns, can cross the line. Inmates have also made allegations of physical assault by guards, for reasons like bad tempers, retaliation, or punishment.
Not only have inmates alleged guards have caused them physical harm, there have also been reports of prison or medical staff denying care to those who suffer injuries in altercations or who have pre-existing conditions.
In the wrongful death lawsuit filed in Clark County, the mother of a deceased inmate alleges her son was severely beaten by guards using batons and was sprayed with pepper spray. After getting taken to the hospital for treatment of injuries that included uncontrolled bleeding to the man’s face, lips, and scalp, he was allegedly beaten by guards again the following day. The man was found deceased in a cell in the prison’s infirmary the next morning.
Psychological Harm
Physical injuries stemming from brutality in the correctional system often grab the most attention. However, the psychological harm resulting from mistreatment by prison guards can be just as impactful.
Due to exposure to violence, threats, and other such factors, inmates may develop post-traumatic stress disorder, or have previous conditions triggered. They may struggle to cope and function due to the resulting symptoms, such as hypervigilance, flashbacks, nightmares, and emotional detachment. Experiencing brutality can also cause feelings that develop into anxiety, depression, and suicidal ideation.
Investigating Wrongful Death Claims in Prison
When an inmate dies in custody, the NDOC will typically conduct an internal investigation. To this end, department officials may review incident reports, medical records, and statements from witnesses. The coroner’s reports also commonly plays an important role in such investigations, helping to identify the cause and manner of death. If these investigations implicate prison staff, however, questions sometimes arise regarding their objectivity and thoroughness.
Should families of deceased inmates raise such concerns, they may consider an independent investigation by a personal injury lawyer representing their loved one’s estate or a private investigator. Such investigations are often met with challenges due to factors such as limited access to information, delays in obtaining information, and witness intimidation.
In the recent inmate death, the autopsy report showed he had suffered injuries to his head, face, neck, torso, and extremities. The state’s medical examiner concluded the inmate’s death was natural, caused by heart problems. A review by a forensic pathology expert for the plaintiffs, however, suggested that the original examiner’s description of the decedent’s heart problems didn’t line up with the report’s final ruling. The expert, who worked as a medical examiner in Chicago and Las Vegas for 25 years, recommended the death be reevaluated completely.
Another challenge faced by the family in pursuing justice on behalf of the deceased inmate is the corrections department’s lack of cooperation. The wrongful death lawyer representing the inmate’s family claims the NDOC has denied multiple requests for security footage and other records relating to the death.
Filing a Wrongful Death Lawsuit in Nevada
The incarceration of a loved one can hit families hard, but the death of a family member while serving a prison sentence is a devastating event. If you believe your loved one’s death was the result of negligence or misconduct by prison staff, you may ask, “Who can bring a wrongful death claim in Nevada?” An attorney experienced in handling such cases can help assess the merits of your case, gather evidence, and guide you through the legal process.
In Nevada, several parties may bring wrongful death lawsuits, depending on the decedent’s family situation and whether he or she has a will. If there’s a designated estate executor, the personal representative of the estate may initiate a wrongful death lawsuit. Without a will naming an executor, a surviving spouse or domestic partner, children, parents, or closest living relatives may be able to bring such actions.
When pursuing a wrongful death lawsuit in Nevada, it is important to give consideration to the statute of limitations for such cases. With few exceptions, you have two-years from the date of your loved one’s death to initiate such claims. Missing this filing deadline can cost you the opportunity to file your case.
Liability for Prisoner Deaths
Determining responsibility and accountability for prisoner deaths can be complicated. For the families left behind, however, knowing who can be held liable and under what circumstances is crucial. Responsible parties in cases involving prisoner deaths include:
The Nevada Department of Corrections
The NDOC is legally obligated to ensure the safety and well-being of inmates in its custody. Therefore, wrongful death lawsuits may be filed against the department if its actions or inaction directly caused the inmate’s death. For example, such cases may be filed against the NDOC when they involve claims including:
- Deliberate indifference to an inmate’s serious medical needs
- Failure to properly train staff on the use of force and de-escalation techniques
- Creating or tolerating unsafe living conditions that contributed to the death
- Inadequate supervision of inmates, allowing violence or self-harm to occur
Individual Prison Staff Members
Under some circumstances, specific prison staff members can also be held liable for an inmate’s death. Such situations may include a guard using excessive force to restrain an inmate, causing serious injury or death, or a medical staff member purposely ignoring or failing to treat an inmate’s serious medical condition. Wardens or supervisors creating cultures of violence, or who neglect to address known hazards, can also be held liable when inmates wrongfully die in custody.
The lawsuit filed on behalf of the deceased High Desert State Prison inmate lists the Nevada Department of Corrections, its director, prison administrators, and the Clark County coroner’s office as defendants. Also listed are the prison medical staff and unnamed guards.
Proving Liability for Nevada Inmate Deaths
To successfully recover compensation in a wrongful death of an inmate case, you will need to prove four key elements – the death of the inmate, a wrongful act or negligence directly caused the death, the wrongdoing was a direct and substantial factor in the death, and damages occurred because of the death. To this end, you may gather and present evidence to show a clear connection between the alleged misconduct and the fatal outcome.
Evidence, including medical records, prison records, witness statements, and expert witness testimony, can be crucial to establishing the elements needed to prove liability. Medical records from the prison and any outside facilities the inmate may have visited can show the extent of his or her condition, as well as whether appropriate care was provided. Prison records, such as incident reports, disciplinary records, and surveillance footage related to the inmate’s death, can also be revealing evidence. Such records may help provide details regarding the use of force, the inmate’s behavior, and the staff’s actions.
Statements from other inmates and prison staff who witnessed the events leading to the inmate’s death can also play a vital role in proving liability. They may shed light on what transpired, and help corroborate your claims. Expert witnesses, on the other hand, can offer insight into the adequacy of the medical care provided or a guard’s actions in a restraint situation.
Factors Affecting Liability
The circumstances of the inmate’s death will influence liability in a wrongful death claim. To determine whether the defendants were at-fault, the court will consider factors such as the inmate’s own actions, any pre-existing medical conditions, the severity of the inmate’s needs and the adequacy of the care provided, and the nature and extent of the force used by guards. The court will also take into account whether the prison had policies and procedures in place to prevent the inmate’s death.
Recovering Monetary Damages
Monetary damages recovered through a wrongful death lawsuit cannot replace what your family lost. However, compensation may help provide some relief for the financial and emotional damages you have suffered because of your loved one’s death. The answer to the question, “How much are wrongful death settlements worth?” will depend, then, on factors such as the types of losses incurred and the decedent’s familial relationships.
The economic damages recoverable through a wrongful death case compensate for losses such as the loss of income, or the financial support the deceased inmate would have provided to his or her family in the future. Medical expenses related to the inmate’s final illness or injury before death are also recoverable, as are the reasonable costs of funeral and burial arrangements.
Through a wrongful death lawsuit, you can also seek to recover non-economic damages. These will provide compensation for less tangible costs, such as the loss of companionship, loss of parental guidance, and loss of consortium.
If the court finds the actions of the prison or staff particularly egregious or malicious, it may award punitive damages. Unlike economic and non-economic losses, which seek to make victims as close to financially whole as possible, punitive damages are meant to punish the offenders and prevent future similar behavior.
The lawsuit filed on behalf of the deceased inmate seeks undisclosed damages. More than that, however, the lawsuit seeks to address the larger issue of brutality within the state’s prison system. If you have lost a loved one due to the intentional or negligent actions of others in Nevada, contact us at George Bochanis Injury Law Offices in Las Vegas to discuss your options.
