Available Cases


The Pro Bono Project offers the unique opportunity to positively impact the lives of low-income individuals in Southern Nevada. The clients listed below have been accepted by our program and are currently on our waiting list for pro bono representation. Clients have been prescreened for financial income eligibility and their cases have been selected based on a number of factors, including the merits of their case, the availability of volunteers and the reasonableness of the client.

If you would like to take a pro bono case or request additional information, please email Cindy Morales Kerben ( ckerben@lacsn.org ).  Thank you!

Appeals

Case Number: 2020-008437

Applicant seeks assistance with a social security benefits denial on behalf of his late wife. He believes that she should have been awarded more than two years of social security disability benefits. SSA states that the client only became disabled in 2015. However, applicant argues that she first became disabled in 2008. He received a final denial letter from the Notice of Appeals on July 23, 2020. He has 60 days to appeal the decision.

Children's Attorneys Project (Abuse/Neglect Cases)

Case Number: 2020-000975

5 year old boy and 6 month old girl came into DFS care on January 28, 2020 after several reports of neglect, drug sells and violent behavior.  On January 3 2020,  DFS received a report that mother and boyfriend were selling drugs in aley of their apartment complex while the children were left alone in the apartment.  On January 11, 2020 DFS receive yet, another report that mother and her boyfriend were in an argument with random people and they fired and brandished firearms.  Mother was arrested and incarcerated.  There is history of neglect, drug sells, criminal activity, and violence in the home.  Both natural fathers are not involved in the children’s lives.  The father of younger child is currently being held at CCDC.  Both minors are currently placed with maternal aunt.  Next hearing is a Permanency Planning Review on 01/21/2020 at 2:30 pm in Courtroom 14.

Case Number: 2020-000804

Newborn baby boy came into DFS care on January 15, 2020 after being born substance exposed (opiates) and the subsequent disclosure of ongoing domestic violence and mental health issues. Mother has mental health issues which causes her to be violent, father gives mother his prescription opiates in order to keep her calm. Mother’s unaddressed mental health, father’s enabling of same and both parents general unwillingness to identify and correct these problems seem to be the primary issues in this case.  Minor’s current placement situation is TBD. Mother and father are reported to be in the pre-contemplation phase.  Next hearing is a Permanency Planning Hearing on 1/28/2021 at 2:30 pm in Courtroom 14.

Case Number: 2020-002085

2 year old boy came into DFS care on May 1, 2020 when father was stopped for a traffic violation and was arrested on warrants and possession of methamphetamine located in the car. Mother had left the scene of the stop in her vehicle, returned and admitted she had hidden drug paraphemalia in the back seat of her car. She was not arrested but the child was placed in protective custody based on the seizure of methamphetamine and the parents’ admission that they had used earlier in the day. Both parents have a history of substance abuse and an older sibling is in the custody of maternal grandmother in California (who is willing to take placement of this child).  Next hearing is a Plea Hearing on 6/2/2020 at 9:45 am in Courtroom 11.

Case Number: 2020-003013

CPS removed an 11 month old boy from his parents over concerns of ongoing domestic violence and lack of supervision.  The mother accessed DV resources from a local agency, but then allowed the father to stay with her.  At times, the parents would leave the toddler alone in the hotel room to argue and fight.  Parents have daily visits with the toddler at the grandparents’ home, but the grandparents have requested to move the visits to a neutral location. Next hearing is a Review Hearing on 11/24/2020 at 3:00 pm in Courtroom 6.

Case Number: 2020-000022

An 8 year old girl came into DFS care in December 2019 due to allegations of inadequate supervision.  The family has history with the department.   One or both parents cannot control their behavior.  No adult in the home will perform parental duties and responsibilities.  One or both caregivers lack parenting knowledge, skills and motivation.  The father is incarcerated.  There are concerns of substance abuse and stable housing as to the mother.  The child is placed with maternal grandparents. An Adjudicatory Trial was set for 6/26/2020 at 10:00 am in Courtroom 22.

Case Number: 2020-003849

Newborn baby girl born to parents with prior CPS history.  Mother reports being sober since January, and denies any mental health issues. Baby did not test positive for substances at the time of birth. However, the parents’ rights to a sibling were terminated last year over concerns of ongoing substance abuse issues and untreated mental health. Mother wants to engage in services and bring child home.  Next hearing is a Review Hearing on 12/1/20 at 3:00 pm in Courtroom 18.

Case Number: 2020-003554

A newborn baby girl tested positive for multiple substances when she was taken to the hospital for breathing issues.  Hospital personnel noted that the baby was experiencing withdrawal symptoms. Baby was born at home, but mother went to work within a day after giving birth, leaving the child with the grandmother.  The mother later attempted to take the baby from the hospital against medical advice.  Both parents have a history of substance abuse and involvement with CPS.  Neither parent has the client’s siblings in their care. Then next hearing is a Review Hearing on 12/9/2020 at 2:00 pm in Courtroom 6.

Case Number: 2020-009745

Three year old boy was removed from his father’s care by CPS over concerns of domestic violence between the father and his family.  The family reports the father leaving his son with them for extended periods of time with no plans for care.  There are also concerns of drug use. The client’s mother is not in his life. Next hearing is a Review Hearing on 2/10/2021 at 2:30 pm in Courtroom 6.

Case Number: 2020-011858

A seven year old girl was taken into protective custody after her mother suffered a psychotic breakdown, which was possibly induced by an illicit substance. At this time, father’s whereabouts are unknown. Client is placed with a childhood friend of her mother’s.  Next hearings are; Case Plan Hearing on 12/1/2020 at 1:30 pm, and a Review Hearing on 3/25/2021 at 1:30 pm in Courtroom 18.

Case Number: 2020-011164

Brothers, ages 9 and 5, came into DFS care over concerns of active drug use by their mother, resulting in neglect and excessive corporal punishment.  The mother was under the influence during the CPS investigation, and the family reported behaviors indicative of drug use (going into the bathroom for long periods of time with strangers).  The children reported strangers coming in and out of the home.  The apartment was very filthy when CPS showed up to the home, and the family was being evicted.  The boys had bruises from times their mother hit them as punishment.  They are placed together with of the boy’s paternal aunt. Next hearing is a Review Hearing on 3/3/2021 at 2:00 pm in Courtroom 18.

Case Number: 2020-008675

Group of four siblings ages, 7 year old boy, 6 year old boy, 5 year old boy and 1 year old girl came into DFS care on August 10, 2020 due to concerns of inadequate supervision. A warrant was obtained in this matter. Housekeeping at Suncoast hotel came into a hotel room and found the 7 year old and 5 year old minors alone in the hotel room. Parents had taken the other children to a birthday party at Circus Circus, intending to be gone only a short time. The parents allegedly went to urgent care as mother felt ill and there had been a diagnosis of COVID-19 within the family. Parents saw there was a long line and returned to the hotel. Parents claim they left the kids in the room unsupervised because they were still sleeping. The Department suspects the children were left longer than originally contended by the parents, and there are concerns that the parents use the older minor as a caretaker for the kids. The family has been involved with the Department multiple times. Next hearing is an Adjudicatory Trial on 12/10/2020 at 9:30 am in Courtroom 11.

Case Number: 2020-003082

1 month old baby boy came into DFS care on May 5, 2020 due to natural mother having a multi- year history of substance abuse. The mother and child both tested positive for morphine, amphetamine and opiates at the time of the child’s birth. Natural mother went into West Care for inpatient drug treatment and then left that facility. Next hearing is a Permanency Planning Hearing on 5/4/2021 at 3:00 pm in Courtroom 11.

Case Number: 2020-010713

A sibling group of a two year old boy and his one year old brother were removed from their parents’ care over concerns of domestic violence.  CPS placed the toddlers with their maternal aunt.  The mother reports being very motivated to get her kids in home with services. Next hearing is a Review Hearing on 3/16/2021 at 3:00 pm in Courtroom 18.

Case Number: 2020-012024

A 6 sibling group ages 13, 11, 8, 7, 3, and 2 came into care on September 10, 2020 due to ongoing domestic violence between the father of one of the minors, mother and the subject minors. Both mother and 8 year old minor reported that the father has committed domestic violence against them. Multiple instances of domestic violence have been reported in the past, with the police being called out to the family many times. The father is reported to be a heavy drinker; mother seems unable to break away from this cycle of violence. The other respective fathers do not seem to be involved in the lives of the children, though the father to 7 year old has been located and alleges that this is due to Mother withholding minor from him. He is being looked into as a possible non-offending parent. Mother is currently pregnant and is expected to give birth any day. Next hearing is a Review Hearing on 3/9/2021 at 3:30 pm in Courtroom 14.

Case Number: 2020-013560

This 3 year old girl came into care on 9/20/20 after mother left town for a few days and children were removed from girl’s father when he was arrested. It was found that girl’s father had been texting with the father of older boy sibling and arranging an exchange of older boy sibling for money. Father of older boy sibling has absconded with older sibling at this time. Mother is pregnant at this time, and counsel has been appointed to represent her.  Mom was in the system herself as a child. Level of parental participation appears to be minimal. Next hearing is a Disposition Hearing on 12/1/2020 at 1:30 pm in Courtroom 14.

Case Number: 2020-013057

Two siblings, ages 7 years and 5 years, came into DFS care in September 2020 due to continued, ongoing domestic violence in the home and the mother’s lack of cooperation.  The Department was unable to implement and in-home present danger plan due to the environment being out of control and unpredictable.  The mother denies that domestic violence is occurring.  The whereabouts of the named fathers is unknown.  The children have been placed with relatives.  Next hearings are; a Disposition Hearing on 11/24/2020 at 11:00 am and an Adjudicatory Trial on 1/8/2021 at 10:00 am in Courtroom 22.

Case Number: 2020-014581

Minors Age 7 and Age 5 were removed from the home on July 17, 2020 due to allegations physically or mentally abused or neglect the children where the natural father and step-mother have caused physical or mental injury of a non-accidental nature or provided negligent treatment or maltreatment where the children have been subjected to harmful behavior that is terrorizing, painful or emotionally traumatic, in the manner following, to-wit: The child have been exposed to domestic violence between their father and step-mother and witnessed their destruction of the home. Natural Father was arrested on/ about July 15, 2020.  Next hearing is a Review Hearing on 1/10/2021 at 3:30 pm in Courtroom 14.

Case Number: 2020-014928

A 9 year old boy came into DFS care in October 2020 due to his mother hitting him causing an injury to his face.   She has another open investigation for a bruise/cut to the child’s leg.  The mother was arrested.  The natural father is uninvolved and no contact information was provided.  The child reported that the altercation occurred because he refused to take his medication.  The child has a tendency to become violent with others.  There are no relatives able to adequately care for and/or address his behaviors. Next hearings are; an Adjudicatory Trial for Father on 1/29/2021 at 10:00 am and a Review Hearing on 4/7/2021 at 2:00 pm in Courtroom 22.

Case Number: 2020-013509

Two siblings, ages 10 and 1, were removed from their mother’s care after she came home intoxicated and got physical with her girlfriend. CPS suspects there are untreated mental health issues.  The home was also in a deplorable condition. The 10 year old’s father showed up to court and would like placement. Next hearing is a Disposition Hearing on 12/2/2020 at 1:30 pm in Courtroom 6.

Case Number: 2020-014470

Newborn client removed from parents’ care after being exposed to heroin in utero.  Hospital personnel found mother preparing to inject herself while in the hospital bathroom and believe it was the father who supplied to drug.  Mother left hospital against medical advice and did not return to visit the client while he was in the NICU. Next hearing is a Review Hearing on 4/20/2021 at 3:00 pm in Courtroom 18.

Case Number: 2020-016560

3 year old and 1 year old brothers were removed from their mother and grandparents after their mother was arrested.  CPS’ investigation revealed that the mother has a longstanding meth problem. She reportedly uses in front of the children, and has left them home alone while engaging in drug seeking behaviors.  The mother’s boyfriend is aggressive with her, and was recently released from jail.  Next hearing is a Disposition Hearing on 12/2/2020 at 1:30 pm in Courtroom 6.

Case Number: 2020-016793

Sibling group of 7 children ages 12 year old girl, 10 year old boy, 8 year old girl, 5 year girl, 3 and 2 year old boys and 1 year old girl came into DFS care on October 23, 2020. The children have been left with the natural mother after natural father Cristian was arrested on multiple counts of sexual and physical abuse. The 3 older girls have made statements regarding specific conduct by natural father Cristian. Natural father Cristian admitted the sexual conduct with 12 year old. 10 year old boy detailed instances of physical abuse perpetrated by natural father Cristian, including striking his buttocks and body with a stick, and squeezing his nose closed and covering his mouth and immersing his head in water. Oldest child told her mother of the sexual abuse and her mother did not believe her. Natural mother admitted daughter had told her and that she had not believed her.  Next hearing is a Plea Hearing on 12/2/2020 at 9:45 am in Courtroom 11.

Case Number: 2020-016773

9 year old boy came into DFS care on October 20, 2020. Natural father, was arrested and is incarcerated on multiple counts of sexual abuse and physical abuse of his girlfriend’s children and is therefore unable to care for this child. Natural mother is deceased.  Next hearing is a Plea Hearing on 12/2/2020 at 9:45 am in Courtroom 11.

Case Number: 2020-017071

Newborn baby girl was born prematurely by C section; she was exposed in utero to illicit substances.  The father is reluctant to cooperate, given past CPS interactions.  The mother admitted to use and seems willing to work on getting better and accepting help. Next hearing is an Adjudicatory Trial on 12/29/2020 at 10:00 am in Courtroom 18.

Case Number: 2020-015638

CPS removed two siblings, ages 3 and 3 months, when LVMPD executed a warrant on the mother’s home for possession and distribution of methamphetamines.  CPS was able to talk to the father, but he has an active warrant for domestic violence.  Maternal family members also came forward to take placement of the clients, but were denied due to matters listed on their respective background checks. Next hearing is a Plea Hearing on 11/12/2020 at 10:00 am in Courtroom 18.

Case Number: 2020-011255

Four siblings, ages 11, 9, 6, and 4 were removed from the home over concerns of substance abuse.  The house was incredibly dirty, and the family was in the process of being evicted.  The siblings are placed together in a higher level of care foster home.  Next hearings are; Case Plan on 11/18/2020 at 1:30 pm and a Review Hearing on 3/24/2021 at 2:00 pm in Courtroom 6.

Case Number: 2020-017413

These children came into care on 10/28/2020. One of the minors was in PICU/UMC for having amphetamine in system. Other minor was drug tested and came back positive for methanphetamines, mother tested positive as well. Mother admitted to selling drugs for money. The natural father has history of domestic violence, father is reported to be homeless and lives in a shelter in California. Next hearing is a Plea Hearing on 12/2/2020 at 9:00 am in Courtroom 21.

Case Number: 2020-018374

Four year old girl removed from her parents’ care over concerns of mother’s drug use and domestic violence between the parents. The family initially came into contact with CPS when the father discovered the mother’s drug paraphernalia in the reach of the client.  Although the father was initially thought to be safe, he was later arrested for DV against the mother in front of the child.  The client is placed with the paternal aunt.  Next hearing is a Plea Hearing on 11/30/2020 at 10:00 am in Courtroom 6.

Case Number: 2020-018705

This child came to the attention of the court on a Direct Petition filed on 11/12/2020. There is an issue of neglect. The natural parent’s have an issue with drugs, mental health and domestic violence. Next hearings are; Calendar Call on 1/6/2021 at 3:00 pm and Adjudicatory Trial on 1/21/2021 at 9:30 am in Courtroom 21.

Case Number: 2020-019538

Sibling group of 3 minor sisters, ages 6 years old, 1 year old and 4 month baby came into DFS care on November 17, 2020. Natural mother was arrested for DUI with accident approximately October 5, 2020. The children were placed with maternal grandfather. Subsequently, natural mother left the residence of her father, accompanied by 6 year old minor, and went to a friend’s home where she apparently ingested methamphetamine. Maternal grandfather went to the house the following day and took physical custody of minor girl. The whereabouts of one of the natural fathers is unknown. Another one of the fathers is incarcerated on unrelated charges in the CCDC.  Next hearing is a Plea Hearing on 12/2/2020 at 9:45 am in Courtroom 11.

Case Number: 2020-019381

16 year old boy, 13 year old girl, 9 year old boy and 8 year old boy came into DFS care on November 17, 2020. Natural mother’s older children were sexually abused by natural father.  Meanwhile, mother remained in a relationship with father, traveling with the children back and forth between Los Angeles, California, and Las Vegas.  An investigation was started by L.A. County of serious methamphetamine use by father and notified Clark County DFS. Natural mother and the children were located in Las Vegas and a safety plan was put in place on October 23, 2020 for natural mother to prevent father from contacting with the children. The next day natural mother and the children were gone and returned to California. 16 year old boy was left in California and natural mother along with other siblings together with father returned to Las Vegas. Father sexually molested 13 year old minor while natural mother and the other minors slept. Natural mother and the children were located but father escaped arrest at that time. Natural mother was arrested for failing to protect her children from father.  Father was later found and arrested. Next hearing is a Plea Hearing on 12/2/2020 at 9:45 am in Courtroom 11.

Consumer Fraud

Case Number: 2020-008103

Disabled client has a dispute over auto repairs costing him $2,315.  In May 2020, the client took his 1989 Dodge Ram to the Adverse Party (AP) for transmission repair.  Client and AP agreed that the truck needed a new transmission and a new smog check for the DMV. Client paid $1500 with his credit card. Client states that after he paid for the agreed upon work, AP asked for more money and different parts (new motor, new motor mounts), telling him that it will not warranty the work on the transmission without those parts. AP also told the client that he needed to buy the parts himself, and there would be a charge for the labor.

After client purchased the parts, AP charged another $300 for installation (client has the invoice). Furthermore, they informed client that the car would not pass the smog test without a new carburetor. AP referred him to another shop. Client paid $100 more for the carburetor (he has an invoice). The work was done and client left the second shop with the vehicle.

Shortly thereafter, he discovered the vehicle was not shifting correctly. Then, after he parked the car in his driveway, he noticed transmission fluid leaking. He called AP, which told him to bring the car back. He had the vehicle towed back to AP, where it remained for several weeks. When client attempted to pick up the car, he noticed the mechanical problems were not repaired. AP told him that the carburetor (the one they advised him to buy) was faulty.

In total, client states he paid $2,315 for repairs that weren’t done correctly (or at all) and he was without the use of his vehicle for over four months. Client took the car home, but it continues to leak fluids on the driveway. It remains inoperable. Client took the car to a second mechanic who verifies some of his claims. Client cannot afford to take his car to another shop for diagnosis or additional repairs.

Family Law (Divorce/Custody)

Case Number: 2020-006969

Client wants a divorce. Client has been a homemaker for 25 years. Husband deposits his earnings into a both a trust as well as his business account. Before they remarried (divorced 2009- remarried 2015) he also put the house into a trust. Client has no job experience. Client would like to receive financial support.

Case Number: 2020-009834

Client is a 48 year old protected person under the guardianship of his parents. Client suffered a traumatic brain injury in 2013, resulting in the need for a guardian. His prognosis for recovery is poor. Client was married at the time of the injury. His guardians filed for divorce on his behalf, without court permission. Client received funds from a PI settlement as a result of the injury. He has no access to his funds and lacks the capacity to direct his attorney. Client’s guardianship attorney has further identified several red flags indicating possible financial exploitation by the guardians. Given the failure of the guardians or their counsel to comply with accounting and budgetary requirements, they cannot be relied upon to secure independent counsel for client to handle his divorce matter and protect his settlement funds, which he will need for medical care for the rest of his life.

Case Number: 2020-012057

Client seeks assistance with a custody matter. There are no pending cases at this time. The applicant and opposing party have 2 minors, ages 12 and 9. They were previously sharing custody pursuant to an informal agreement. However, the opposing party picked up the children on August 27th and has not returned them. According to the client, opposing party is holding them against their will. Client seeks sole custody on the basis that the opposing party is an unfit parent with unaddressed mental issues. Both minors have been chronically absent from school while in the care of the opposing party.

Case Number: 2020-011234

Client seeks a pro bono attorney for divorce and custody. There are no CPS or domestic violence issues in the legal matter. The opposing party has filed for divorce. There are currently no upcoming hearings. The client states that the reason for divorce is incompatibility. The opposing party started a new relationship while married. The parties do not live together and have been separated for 3 years. They have cooperated with an informal parenting agreement. The client seeks joint/joint custody. Division of real estate, vehicles, or joint bank accounts are not anticipated. The client wants to keep her full retirement account but does not seek alimony. The parties have one credit card; client would like to divide the debt 50/50.

Case Number: 2020-009948

Client seeks a divorce and wants sole custody of the parties’ 17-year-old daughter. The opposing party is not on the minor’s birth certificate. Client states that there are no domestic violence or child protection issues. Community property includes the parties’ vehicles. There are no community debts. The reason for the divorce is incompatibility, emotional stress and the opposing party’s lack of financial support after the parties’ separation. Parties are residents of Las Vegas. No criminal history. No current open case in District Court.

Case Number: 2020-003883

Divorce matter. The parties have a 13 year old son and custody and property division are contested. The parties’ Settlement Conference on June 10, 2020 did not result in a resolution. Opposing party is Pro Se and client’s prior pro bono attorney filed a Notice to Withdraw. Client is afraid to go to trial against opposing party without counsel. Client states she has a current TPO against the opposing party and that he has violated the same. She further states no discovery has been propounded by either side.

Case Number: 2020-007290

The client wants a divorce; no children. The parties have been married 31 years, separated for the last five years. The opposing party lives in Oregon, the client lives in Las Vegas, NV. The opposing party is a construction consultant/superintendent and earns up to $250,000 a year. He is currently working a job out of the country. The client states her husband does not want a divorce now. He is waiting for his current job assignment to conclude. In the meantime, the client believes he will hide his income and put assets in his girlfriend’s name. The opposing party sends the client money each month. There is no real property, and the client seeks alimony.

Case Number: 2020-003396

The applicant seeks custody modification with sole/primary. The parties have a 3 -year old daughter. The opposing party is on daughter’s birth certificate. There have been domestic violence and CPS issues; the CPS file has been closed. They separated due to the opposing party’s drug usage and propensity for violence. The applicant states that she has proof of the violence. Parties are residents of Las Vegas.  A case is open in District Court. 

Case Number: 2020- 012721

The client seeks assistance with a divorce and custody matter. Client and opposing party have two minor children together. The client would like joint custody. She does not seek alimony. There is one vehicle in common that client is willing to allow the opposing party to keep, and there are no community debts.

Case Number: 2020-006515

The client seeks help with a custody matter. There is no pending case. Applicant and the opposing party never lived together; they separated in 2016.  The opposing party moved to Los Angeles and abandoned the client and their minor child. The minor is four years old and resides with the client in Las Vegas. The client seeks sole custody since the opposing party has taken no interest to be part of the minor’s legal/medical/education affairs. There is no DV history. The client is not capable of self represent due to the language barrier.

Federal

Case Number: 2020-002873

Plaintiff, who is a prisoner in the custody of the Nevada department of corrections (“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983.  In the complaint, plaintiff sues multiple defendants for events that took place while plaintiff was incarcerated as a pretrial detainee at the Clark County Detention Center (“CCDC”). In count I, plaintiff alleges the following: classified plaintiff, a pretrial detainee, as “max status” to punish plaintiff. Under this classification, jail officials confined plaintiff to his cell for 23 hours a day on the weekdays and 48 hours for the weekends, denied plaintiff all programs, restricted plaintiff’s television viewing options, restricted visitation, and restricted commissary. Plaintiff had been in solitary maximum lock up for over 730 days. Two prison officials mailed plaintiff a letter sanctioning plaintiff to 60 days confinement which prohibited commissary and visitation. (Id.) This sanction caused extreme hardship because jail officials did not serve enough food to properly feed the inmates. (Id. at 23, 28). The official’s sanction caused plaintiff to lose 70 pounds. (Id. at 28). Another officer also allegedly came into plaintiff’s cell and sexually assault plaintiff. (ECF No. 1 at 24). Officers slammed plaintiff backwards and injured plaintiff’s neck and head. (Id.) After plaintiff hit the concrete in handcuffs, the officers rolled plaintiff onto his back and stood on his back. In the meantime, plaintiff was suffocating from the officers on his back. (Id. at 42). After plaintiff returned to consciousness from the lack of air, the officer put a taser in plaintiff’s mouth. When the officers stopped, plaintiff’s boxers were pulled down to his knees and the officers laughed at plaintiff as they walked away. (Id.) Plaintiff went into convulsions.

Case Number: 2020-006885

Plaintiff sues multiple defendants for events that occurred at High Desert State Prison (“HDSP”). On October 2013, client received a threat of bodily harm from another inmate.  Plaintiff reported the threat to his unit (7 A/B) floor officer. On October 24, 2013, plaintiff participated in a “full classification committee” (“FCC”) meeting. (Id.). This FCC meeting was conducted by caseworker supervisor C. Leavitt with warden Neven in attendance. (Id.). At this meeting, plaintiff completed a “central monitoring system” (“CMS”) form which listed inmate as being added to plaintiff’s “enemy list.” (Id.). The effect of this form is to alert prison officials that plaintiff seeks protection from harm at the hands of this inmate . Plaintiff was led to believe that this inmate would be moved from unit 7/8 and plaintiff would be safely moved back in. (Id.) On the morning of February 11, 2014, plaintiff was staged with other inmates in the unit 7/8 yard, waiting for an escort to the education building. (Id. at 5). The inmate made an unauthorized exit from his cell into the yard. (Id.). John Does II and III are both responsible for this unauthorized exit. (Id.). Inmate  attacked plaintiff with stones, gravel, and his fists. (Id.). Plaintiff suffered various injuries, including a broken nose. (Id.). One of the supervisors  responded to the yard when this incident occurred. (Id.) As a result of the attack, plaintiff suffered extreme physical, emotional, and mental pain. (Id.).

Case Number: 2020-013766

The plaintiff brings this civil-rights case under 42 U.S.C. § 1983 for events that he alleges occurred during his incarceration at High Desert State Prison (HDSP). Plaintiff’s problems at HDSP began on March 23, 2016, when the C.O. challenged him to a fight. The plaintiff filed a grievance against C.O. based on the incident, which set off a wave of retaliation by the C.O. and other guards.

On March 24, the C.O. pointed a shotgun at the plaintiff and other inmates (who were merely waiting in the unit), called them offensive names, and threatened them. He said to them, “Give me a reason to shoot.” The plaintiff filed another grievance against the C.O. In response, C.O. and others searched the plaintiff’s cell on April 30. Another C.O. warned the plaintiff, while adverse C.O. remained at the window with a shotgun. He told him that if the plaintiff did not cooperate, he “would be taken down by any means necessary.”

The plaintiff stated that the guards searched his cell because they had not stood in a straight line during the last meal. Plaintiff responded that he was not present at that meal, but the plaintiff retorted that he was doing what he was told.

Plaintiff then stated to both C.O.s that they were retaliating against him for filing grievances against one of them. The other C.O. responded that “messing with another C.O. is like messing with me.”

Plaintiff filed a grievance against both C.O.s. Plaintiff alleges that 3 C.O.s retaliated against him on multiple occasions for filing grievances against them. He identifies the following instances: (a) One of the C.O. pointing a shotgun at the plaintiff and stating, “Give me a reason to shoot”;

(b) C.O. having his cell searched multiple times based on pretenses (such as inmates not
lining up during a meal);

(c) C.O. confiscating the plaintiff’s sneakers, even though he was able to prove proof of ownership.

Per the plaintiff, he finds that these allegations state a colorable claim against the three defendants.