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) O Contact information: O Deputy Attorney General O Public Safety Division O Bureau of Litigation O Nevada Office of the Attorney General O Phone: (702) State of Nevada Office of the Attorney General 2

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. State of Nevada Office of the Attorney General 3

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! State of Nevada Office of the Attorney General 4

What We Do for You O You may hire your own attorney O But you have to pay your own attorney’s fees O The AG’s office is free for you State of Nevada Office of the Attorney General 5

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 State of Nevada Office of the Attorney General 7

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 State of Nevada Office of the Attorney General 8

NOTHING TO FEAR IF YOU FOLLOW: O ARs O OPs/ IPs O Post Orders O KNOW THEM O APPLY THEM O REVIEW THEM

What the inmate wants O The inmate wants money. O The inmate wants property. O The inmate wants to get you fired. State of Nevada Office of the Attorney General 10

The Litigation Department O The AG’s Litigation Department will defend you. O Steps: O Service a.k.a. receive notice of lawsuit O Requests for Representation O Candid Statement State of Nevada Office of the Attorney General 11

Notice of lawsuit O Notice will come from prison administration O You MUST request representation from the AG’s office O This request will be attached to the paperwork you receive from NDOC State of Nevada Office of the Attorney General 12

“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 reports O Signed representation letter O Respond to this letter O Be specific and thorough in your statement O Ask your AWP about gathering documents

Written request for representation O Current employees must request representation in writing O You must Sign Employee’s Request for Representation form O Former employees O Will be represented by the AG’s office upon request O Important to keep your address current State of Nevada Office of the Attorney General 14

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. State of Nevada Office of the Attorney General 15

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 State of Nevada Office of the Attorney General 16

Who represents the inmate O The inmate is in proper person – “pro per” O In other words – they represent themselves O 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) State of Nevada Office of the Attorney General 17

Prison Litigation Reform Act The PLRA makes the inmate jump through some hoops before he can file a case in court. O The inmate must fully grieve his complaint before he can file suit in state or federal court O Inmate 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. State of Nevada Office of the Attorney General 18

GRIEVANCE PROCEDURE O Good to have and use O Lets the NDOC investigate a complaint early O Identifies who’s involved O Makes a record to be used in court if the inmate sues later on O Can reduce inmate tensions by giving them a means to “vent” their frustrations O Treat them seriously

Defending the Case O Important factors, duties, and responsibilities O – VERY IMPORTANT O Who, what, when, where, why and how O Example of importance: O NDOC has hundreds of forms for a O because: O – VERY IMPORTANT O neatly and clearly O Especially your ! OK to sign but also print name O Be O Stay and to the DAG State of Nevada Office of the Attorney General 20 Record-keeping reason inmates lie Legibility Print name thorough truthful in contact with be responsive

State of Nevada Office of the Attorney General 21

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 either O State court O Federal court O In federal court the cases are screened; this is better for the NDOC. State of Nevada Office of the Attorney General 23

Pre-trial process O 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. State of Nevada Office of the Attorney General 24

Formal Discovery O Written discovery O Requests for admissions O Interrogatories O Requests for Production of Documents All must be answered within 30 days! State of Nevada Office of the Attorney General 25

Formal Discovery O Deposition O A question and answer session conducted in person and under oath O Recorded by a court reporter O Must listen to the question asked O Be sure to hear and understand the question O Keep your answers short and to the point O It is okay to say “I don’t know” or “I do not remember” O Tell the Truth State of Nevada Office of the Attorney General 26

Trial O 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 State of Nevada Office of the Attorney General 27 You react to inmate testimony while in courtroom No because of “rule of exclusion” Yes Wait in hallway

The Issues O Civil Rights O A 42 U.S.C 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 State of Nevada Office of the Attorney General 28

First Amendment O Freedom of religion O Ability to worship O meals State of Nevada Office of the Attorney General 29

First Amendment - continued O Freedom of Speech O Right to petition the courts O Legal mail – do not delay O Legal mail is confidential O Inmates have a right to law library access O This can be via the library or books brought to their cell O Right to file a grievance - Important State of Nevada Office of the Attorney General 30

Fourth Amendment O Prohibition against unreasonable search and seizure of: O Cell O 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 State of Nevada Office of the Attorney General 31

Eighth Amendment O Prohibition against cruel and unusual punishment O Excessive force O Conditions of confinement O Deprivation of food, O water, clothing and exercise O And any other creative issue the inmate can devise State of Nevada Office of the Attorney General 32

USE OF FORCE for CORRECTIONAL OFFICERS O Issue: Whether force was applied in good faith effort O to maintain or restore discipline (ok!), or O 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’, and O ‘any efforts made to temper the severity of a forceful response.’”

USE OF FORCE cont’d ISSUE: Whether force was applied: O In 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- O Maliciously 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’d O “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 time O knowledge of I/M’s disciplinary history O 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 needs O Must allege that person was deliberately indifferent to a serious medical need. O For doctors – this means more than mere negligence O For correctional officers – a delay in medical treatment that causes an inmate to suffer more pain State of Nevada Office of the Attorney General 37

Eighth Amendment continued O Failure to protect an inmate from harm O This occurs when another inmate beats up another inmate. State of Nevada Office of the Attorney General 38

Fourteenth Amendment O Due Process at a hearing O Must be provided with a Notice of Charges in writing 24 hours prior to the hearing O Charges must be specific O Inmate must have an opportunity to be heard O There is no right to counsel or inmate representative O 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 limited O Deprivation of Life, Liberty or Property O This is a general claim State of Nevada Office of the Attorney General 39

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 This O Develop or encourage O Accept or provide State of Nevada Office of the Attorney General 42 personal relationships favors

Do This O Report any immediately O If a G-20 (blackmail) occurs, prepare formal report/Notice of Charges O Use caution in what you say to or around inmates O Avoid at or around inmates O Preserve O Make notes of any and all unusual occurrences State of Nevada Office of the Attorney General 43 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.

Conclusion O We are here for you O Always act within the scope of your employment O If you are sued by an inmate, cooperate with us O Perform your job in a respectful and professional manner O If you have any questions, please call (contact info at front of packet) State of Nevada Office of the Attorney General 47

O Questions O Concerns O Comments State of Nevada Office of the Attorney General 48