Case Number: 2019-009820

In Federal

Plaintiff sues multiple defendants for events that took place while Plaintiff was incarcerated at the Nye County Jail in Pahrump, Nevada. Plaintiff alleges Plaintiff was taken into the custody of the Sheriff’s department. At that time, Plaintiff requested psychiatric medication because he was suffering from insomnia and he had been without it since his original arrest. Plaintiff’s request was denied. Plaintiff sat in isolation for over four months and was not treated with psychiatric services during that time, resulting in an incompetent ruling. Plaintiff was later given psychiatric medication, but was denied a second competency evaluation and forced to wait in custody for another six months to be transported back to a psychiatric institution to complete a ninety-day evaluation in eight business days. The Court interprets this claim as one for deliberate indifference. A pretrial detainee’s right to be free from punishment is grounded in the Due Process Clause, but courts borrow from Eighth Amendment jurisprudence when analyzing the rights of pretrial detainees. Plaintiff alleges after consistently taking his prescribed psychiatric medication for ten months, his prescription ran out. Plaintiff went downstairs to speak with the sergeants responsible for the jail’s operations. Plaintiff was grabbed by two sheriff’s deputies on each arm, pulled in separate directions, and shot in the stomach with a Taser. The Court interprets this allegation as one for excessive force. Plaintiff alleges Plaintiff was sent to disciplinary detention “after walking into a trap set by [the] Jail’s senior administration.” Plaintiff was unlawfully held in disciplinary lockdown for five months. Plaintiff alleges a due process violation. Plaintiff alleges Plaintiff’s psychiatric medications ran out again. Based on the allegations, Plaintiff was denied his psychiatric medication for a period of three days and forced to destabilize through “cold turkey cut off.” The Court finds that Plaintiff states a colorable deliberate indifference claim and will allow the claim to proceed against Defendants.

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