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Case of the Month

West's® Jury Verdicts - Nevada Reports

Inmate Says Officers Failed to Protect Him, Resulting in Stabbing

Sneed v. State of Nevada

Type of Case:
Civil Rights & Constitutional Law - Section 1983
Civil Rights & Constitutional Law - Prisoners' Rights
Negligent Hiring & Supervision - Negligent Supervision
Premises Liability - Inadequate Security
Intentional Torts - Conspiracy
Vicarious Liability

Specific Liability:
Prison officers failed to protect inmate against harm

General Injury:
Stab wounds, gallbladder rupture and removal, lung collapse, liver puncture, kidney puncture, spine puncture, sepsis, Hepatitis C, emotional distress, post-traumatic stress disorder, impotence, depression, medical expenses

Jurisdiction:
State: Nevada
Court: United States District Court, D. Nevada.

Related Court Documents:
Plaintiff's complaint: 2004 WL 5731407
Plaintiff's trial brief: 2009 WL 2057906
Defendants' trial brief: 2009 WL 2057907
Jury instructions: 2009 WL 2057912
Verdict form re: Grigas: 2009 WL 2057973
Verdict form re: Miller: 2009 WL 2057974
Verdict form re: Deal: 2009 WL 2057975
Verdict form re: Crawford: 2009 WL 2057976

Case Name:
John Walter Sneed Jr. v. State of Nevada, Nevada Department of Corrections (NDOC) f/k/a Nevada Department of Corrections (NDOP); Jackie Crawford, Director of Corrections; Warden George Grigas; Lt. Miller; CCS Deal; and CCS Matlock

Docket/File Number:
2:04-cv-01773

Judgment:
Defendants, $0

Judgment Date:
June 10, 2009

Judge:
Roger L. Hunt

Attorneys:
Plaintiff: Cal J. Potter III and John C. Funk, Potter Law Offices, Las Vegas, Nev.

Defendants: Catherine Cortez Masto, Attorney General, Las Vegas, Nev.; Jill C. Davis, Senior Deputy Attorney General, Las Vegas, Nev.; Brian Sandoval, Attorney General, Las Vegas, Nev.; J. Marty Howard, Senior Deputy Attorney General, Las Vegas, Nev.

Trial Type:
Jury

Experts:
Plaintiff: Karen L. Cruey, MD, psychiatrist, Las Vegas, Nev.; Jerome F. Hruska, MD, PhD, infectious diseases, Las Vegas, Nev.; Nathan I. Ozobia, MD, general surgeon, Las Vegas, Nev.; Norton A. Roitman, MD, psychiatrist, Las Vegas, Nev.

Defendants: None mentioned

Breakdown of Award:
$0

Summary of Facts:
John Walter Sneed Jr. was incarcerated at High Desert Correctional Center in Indian Springs, Nev. Sneed said he informed Warden George Grigas along with Lt. Miller, CCS Deal and CCS Matlock that he had a reputation as a “snitch” and had enemies on the yard, but they disregarded this information.

According to Sneed, in April 2002, he was stabbed by a fellow inmate Louten Owens, with the assistance of inmate Richard Manning. Manning reportedly stabbed Sneed in the back four times and in the arm once with a 17-inch shank. Sneed suffered injuries to his gallbladder, lung, liver, kidney and spine, he said, in addition to other injuries.

Sneed filed a complaint in Clark County District Court against the State of Nevada, the Nevada Department of Corrections, Jackie Crawford, Grigas, Miller, Deal and Matlock. Sneed claimed the defendants were negligent and failed to provide safe housing and yard privileges. Also, the plaintiff alleged negligent hiring, training and supervision; conspiracy; and civil rights violations.

The defendants removed the case to U.S. District Court, District of Nevada in December 2004.

The defendants answered and argued Sneed failed to list any enemies on his intake sheet. The defendants also contended they were not deliberately indifferent to Sneed's due process rights. The defendants said that Sneed wanted to be placed in the general population, and that after investigation of a potential enemy situation in which another inmate listed Sneed as an enemy, placed him in general population.

The defendants said the plaintiff suffered no permanent damages.

In a trial before U.S. District Judge Roger Hunt, a jury found in favor of the defendants and against Sneed.

Court: United States District Court, D. Nevada.

Westlaw Citation:
2009 WL 2923013

West's Jury Verdicts - Nevada Reports Citation:
West's J.V. Nev. Rep., Vol. 5, Iss.7, p. 27 (2009)