NEW RECRUIT TRAINING 1. Office of the Attorney General O Attorney General Adam Paul Laxalt O Deputy Attorneys General (DAGs) O Denise S. McKay (SDAG)

NEW RECRUIT TRAINING

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Office of the Attorney General

O Attorney General Adam Paul LaxaltO Deputy Attorneys General (DAGs)

O Denise S. McKay (SDAG)O Contact information:

O Deputy Attorney GeneralO Public Safety DivisionO Bureau of LitigationO Nevada Office of the Attorney

GeneralO Phone: (702) 486-3267

State of NevadaOffice of the Attorney General

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NEW RECRUIT TRAINING

O This class is a basic overview of the legal issues that can occur in your new positions as employees of NDOC.


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Representation

O The Attorney General’s Office represents and defends the NDOC.

O Therefore, we represent and defend the NDOC’s employees – this means YOU!


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What We Do for You

O You may hire your own attorneyO But you have to pay your own attorney’s feesO The AG’s office is free for you


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Civil vs. Criminal Lawsuits

• Criminal lawsuits land people in jail.• Criminal lawsuits are brought by the

government.

• Civil lawsuits cost people money (usually).• Civil lawsuits are usually brought by

individuals, but can be brought by the government.

We Will Represent you IF:O The civil action is

related to your employment

O You submit written request for defense within 15 days of receiving the summons and

O You acted within your scope of employment


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Indemnify:• Nevada will indemnify

you if you acted within the scope of your employment.

• Nevada will not indemnify you if:O You fail to submit a

written request within 15 days

O You fail to cooperate with the AG in good faith

O Your act was not within the scope of employment

O Your act was wanton or malicious


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NOTHING TO FEAR IF YOU FOLLOW:

OARs OOPs/IPs

OPost Orders

OKNOW THEM

OAPPLY THEM

OREVIEW THEM

What the inmate wants

O The inmate wants money.

O The inmate wants property.

O The inmate wants to get you fired.


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The Litigation Department

O The AG’s Litigation Department will defend you.

O Steps:O Service a.k.a. receive notice of lawsuitO Requests for RepresentationO Candid Statement


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Notice of lawsuit

O Notice will come from prison administration

O You MUST request representation from the AG’s officeO This request will be

attached to the paperwork you receive from NDOC


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“You have been sued…”O You will receive a letter from our office asking

for:O A candid statement (this is a privileged

document)O Any supporting documents or reportsO Signed representation letter

O Respond to this letterO Be specific and thorough in your statementO Ask your AWP about gathering documents

Written request for representation

O Current employees must request representation in writingO You must Sign Employee’s Request for

Representation form O Former employees

O Will be represented by the AG’s office upon requestO Important to keep youraddress current


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In your lawsuit packet

O You will receive a copy of the complaint.

O You will be asked to submit a statement in writing regarding the allegations in the complaint.

O Please return your statement to the assigned deputy attorney general ASAP.


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Timeliness is very important

O The law has firm timelines in place regarding legal cases.

O The Deputy Attorney General assigned to your case needs to find out the details of the incident in a timely manner.

O Keep the Deputy in charge of your case informed of your current address


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Who represents the inmateO The inmate is in proper

person – “pro per”O In other words – they

represent themselvesO Usually only have counsel

in excessive force case (or if an NDOC employee’s actions make the judge feel the IM isn’t being treated fairly)


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Prison Litigation Reform Act

The PLRA makes the inmate jump through some hoops before he can file a case in court.OThe inmate must fully grieve his complaint before he can file suit in state or federal courtOInmate must pay filing fee

O May file with a partial payment of the fee but the fee must eventually be paid in full

O This does not stop litigation but if an inmate files multiple lawsuits or has any significant amount of money in his inmate account, he will have to pay the filing fee in full.


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GRIEVANCE PROCEDURE

O Good to have and useO Lets the NDOC investigate a complaint earlyO Identifies who’s involvedO Makes a record to be used in court if the inmate

sues later onO Can reduce inmate tensions by giving them a

means to “vent” their frustrationsO Treat them seriously

Defending the CaseO Important factors, duties, and

responsibilitiesO – VERY IMPORTANT

O Who, what, when, where, why and howO Example of importance:

O NDOC has hundreds of forms for aO because:

O – VERY IMPORTANTO neatly and clearlyO Especially your ! OK to sign but also

print nameO BeO BeO Stay and to

the DAG


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Record-keeping

reasoninmates lie

LegibilityPrint

name

thoroughtruthful

in contact with be responsive


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Overview of Litigation Process

O To start a lawsuit, the plaintiff files a complaint.O The defendant either answers or tries to get the case

dismissed right away.O A “motion to dismiss” argues that the plaintiff failed to

make a viable legal claim.O If the case isn’t dismissed right away, it goes through the

“discovery process”; this is where the parties get to learn about each other’s claims and defenses.

O Once discovery has ended, the defendants try again to get the case dismissed.

O A “motion for summary judgment” argues that all the materials and evidence found in discovery show that the defendants are not liable.

O If the judge decides the plaintiff’s case may have merit, it goes to trial.

Process of a Complaint

O A complaint can be filed in eitherO State court O Federal court

O In federal court the cases are screened; this is better for the NDOC.


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Pre-trial processO Once the case has been screened,

the AG’s office will file a motion to dismiss/summary judgment based upon the defendant’s written statement and the evidence gathered.

O This is why it is important to get back to the DAG handling your case as soon as possible, and to always keep careful records.


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Formal DiscoveryO Written discovery

O Requests for admissions O InterrogatoriesO Requests for Production of

DocumentsAll must be answered within 30 days!


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Formal DiscoveryO Deposition

O A question and answer session conducted in person and under oathO Recorded by a court reporter

O Must listen to the question askedO Be sure to hear and understand the

questionO Keep your answers short and to the point

O It is okay to say “I don’t know” or “I do not remember”

OTell the Truth


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TrialO Who has to be there?

O If you are a named Defendant:O Right to be in the courtroom?

O O Do not

O If you are a witness for Plaintiff or Defendant:O Right to be in courtroom?

O

O Where do you go?O


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You

react to inmate testimony while in courtroom

No because of “rule of exclusion”

Yes

Wait in hallway

The IssuesO Civil Rights

O A 42 U.S.C. 1983 complaint is a civil action for deprivation of rights as secured by the Constitution.

O Only a person can be sued.O And the person must have some

personal involvement in the alleged deprivation. O Wardens & Supervisors are not liable

for a civil rights violation merely for being on duty at the time of an incident


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First Amendment O Freedom of

religionO Ability to worshipO meals


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First Amendment - continued

O Freedom of SpeechO Right to petition the courts

O Legal mail – do not delayO Legal mail is confidential O Inmates have a right to law library

accessO This can be via the library or books

brought to their cell

O Right to file a grievance - Important


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Fourth Amendment O Prohibition against unreasonable

search and seizure of:O CellO Person

O When searching in inmate or an inmate’s cell follow the ARs.

O Document what property you take from an inmate or an inmate’s cell. Numerous property issue occur.

O Body cavity searches – handle in a professional manner and avoid all comments


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Eighth AmendmentO Prohibition against cruel and

unusual punishmentO Excessive forceO Conditions of confinement

O Deprivation of food, O water, clothing and exercise

O And any other creative issue the inmate can devise


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USE OF FORCE for CORRECTIONAL OFFICERS

O Issue: Whether force was applied in good faith effortO to maintain or restore discipline (ok!), orO maliciously and sadistically to cause harm. (not ok!)

O When determining whether the force is excessive, the court should look to the:O “extent of injury”;O need for application of force;O relationship between that need and the amount of force used;O threat ‘reasonably perceived by the responsible officials’, andO ‘any efforts made to temper the severity of a forceful

response.’”

USE OF FORCE cont’d

ISSUE: Whether force was applied: OIn a good-faith effort to maintain or

restore discipline? O Honestly ask yourself, why am I applying force?O Am I maintaining or restoring discipline, or am I

punishing?O Be able to tell yourself, “I am doing this BECAUSE…” - OR-

OMaliciously or sadistically to cause harm?

O Am I angry or upset with I/M?O Do I just not like the I/M?

USE OF FORCE cont’dO “Need for application of force”

O quelling a major or minor disturbance?O response to I/M’s own actions?O restore order and discipline?O rescue hostage?O protect rescuers?O management purpose?

USE OF FORCE cont’d• Threat “reasonably perceived by the

responsible officials,” O action based on information prison officials had at the

timeO knowledge of I/M’s disciplinary historyO I/M solitary action versus attempt to involve other I/Ms

• “Any efforts made to temper the severity of a forceful response”O Was I/M told to stop?O Repeatedly told?O Warned?O Repeatedly warned?

Eighth Amendment continued

O A claim for deliberate indifference to medical needsO Must allege that person was

deliberately indifferent to a serious medical need.O For doctors – this means more than

mere negligenceO For correctional officers – a delay

in medical treatment that causes an inmate to suffer more pain


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Eighth Amendment continued

O Failure to protect an inmate from harmO This occurs when another inmate

beats up another inmate.


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Fourteenth Amendment

O Due Process at a hearingO Must be provided with a Notice of

Charges in writing 24 hours prior to the hearing

O Charges must be specificO Inmate must have an opportunity to be

heardO There is no right to counsel or inmate

representativeO But, inmate must be allowed to call witnesses,

unless there would be a security risk. O This is not a trial – due process procedures

more limitedO Deprivation of Life, Liberty or Property

O This is a general claim


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THE DO’S AND DONT’S OF AVOIDING TRIAL

EIGHT THINGS TO REMEMBER IN ORDER TO

AVOID TRIAL

DO PRESERVE EVIDENCE

KEEP THOROUGH AND LEGIBLE REPORTS.

Don’t Do ThisO Develop or encourageO Accept or provide


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personal relationshipsfavors

Do ThisO Report any

immediatelyO If a G-20 (blackmail) occurs, prepare

formal report/Notice of ChargesO Use caution in what you say to or

around inmatesO Avoid at or

around inmatesO PreserveO Make notes of any and all unusual

occurrences


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threats/attempted blackmail

cursing or using foul language

evidence

UNAUTHORIZED CONTACT

IF AN INMATE CONTACTS YOU OR ANY MEMBER OF YOUR FAMILY, WRITE THE INMATE UP IMMEDIATELY.

WATCH WHAT YOU SAY USE CAUTION IN

WHAT YOU SAY TO OR AROUND INMATES.

Remember:- Inmates can often read lips.- Keep all conversations with staff

professional – these conversations will be used against you.

- Body language counts for a lot.

Remember!!!!

There are always eyes and ears ready to use

your actions and words against you.

ConclusionO We are here for youO Always act within the scope of

your employmentO If you are sued by an inmate,

cooperate with usO Perform your job in a respectful

and professional mannerO If you have any questions,

please call (contact info at front of packet)


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OQuestionsOConcerns

OComments


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