Case Number: 2022-011591

In Federal Pro Bono Program

Carlos, an inmate at Lovelock Correctional Center filed a civil rights complaint seeking to obtain declaratory, injunctive and monetary relief to redress the injuries and damages suffered as a direct or proximate result of conduct of DOC employees. Plaintiff claims he was improperly designated a Sureno gang member at High Desert State Prison (HDSP) and denied an STG due process hearing regarding his improper validation. Plaintiff claims he is not affiliated with any gang and has received threats due to his denial of being a member of the Sureno gang. There was testimony at sentencing from a Las Vegas Police Officer that he was not a gang member and a ruling by the sentencing judge that he was not a gang member and thus not subject to the gang enhancement, which he shared with the case worker and institutional investigator, but he claims they did not care. He filed an informal grievance challenging the designation of gang member and denial of a due process hearing and, a week later, was placed in administrative segregation. While he was housed in administrative segregation at HDSP, he was allowed to access the yard for outdoor exercise only in a 10 x 10-foot cage for five-to-seven-hour stretches. The temperatures often exceeded 100 degrees, but the cages didn’t have any shade or water fountains. The cages also lacked urinals and toilets, and prisoners were not provided bathroom breaks. As a result, the cages were “encrusted with human feces and urine.” He was required to eat lunch in the cage. The cages were placed side-by-side, which allowed gang members to verbally harass him. He eventually declined yard time because of these conditions. He also did not have access to tier time, the gym, the library, jobs, or programs. He was permitted to shower once every three days. He was permitted only two phone calls and one hour-long, no-contact visit per week. He was permitted to spend only $50 per week in the canteen and limited to hygiene, writing, and correspondence items. He was not permitted to participate in the food and clothing package programs. He also endured 24-hour lockdowns because gang members kept threatening his life. He is seeking representation through the Federal Pro Bono Program. Next Deadline(s): Second Amended Complaint due 10/10/22.  

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