$50,000 Settlement in Nevada Prisoner’s Medical Neglect Death

 

The Nevada Department of Corrections (NDOC) paid $50,000 to settle a civil rights action that alleged its “negligence and reckless disregard to the health” of a prisoner caused his death.

 

The suit was brought by Tonja Brown, the sister and administratrix of the estate of prisoner Nolan Klein. It claimed the failure to treat Klein was not only a systematic failure, but done intentionally or with reckless disregard due to NDOC’s policy to punish prisoners who successfully litigate against the State.

 

Klein, 54, at the time of his death, had been in prison since 1989, serving life sentences for “stealing $198.00 and a rape where there was little evidence that any rape had occurred.” While in prison, Klein received paralegal training and filed at least nine complaints against NDOC, the City of Sparks, and habeas corpus writs challenging his conviction.

 

He had been successful in some of his litigation, and the Ninth Circuit Court of Appeals published at least two opinions on his litigation. NDOC admitted that the compliance forced upon them by that litigation was an irritant.

 

Klein’s litigation included claims of interference with his legal mail, interference with his right to practice his religion, and other litigation regarding his conditions of confinement.

 

As to his conviction, Klein claimed exculpatory evidence had not been produced at trial. Moreover, he claimed the District Attorney or the trial judge had contaminated the DNA evidence on two cigarette butts that could have identified the perpetrator of the crime.

 

On her brother’s behalf, Brown staged public protests about the loss of the DNA evidence, the District Attorney’s misstatements about that loss and the testing of the DNA, and his misstatements to the Parole Board requesting Klein not be released from prison. She also tried to have the Justices of the Nevada Supreme Court removed from office for malfeasance in dismissing Klein’s appeal. In sum, she was active through protests, lobbying, blogging, media, and any other means to vindicate her brother.

 

Klein had several medical ailments, all known to NDOC. The worst was Hemochromatosis and cardiovascular disease. The Hemochromatosis went untreated, and it aggravated the other ailments, which caused Klein’s death on September 20, 2009. With proper treatment, his death was avoidable, the complaint alleged.

 

The complaint further alleged the disdain NDOC and its officials had for Klein’s litigation and Brown’s advocacy, resulting in the failure to provide Klein medical treatment. The complaint alleged constitutional violations and a state law wrongful death claim.

 

On March 15, 2012, NDOC agreed to pay $50,000 to settle the suit. Brown and the estate were represented by the law firm Hager & Hearne of Reno. See: Brown v. Nevada, USDC, D. Nevada, Case No. 3:10-cv-00679.

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