University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Ilick v. Miller PC-NV-0003
Docket / Court 94-314 ( D. Nev. )
State/Territory Nevada
Case Type(s) Prison Conditions
Case Summary
In May 1994, inmates at Ely State Prison, represented by the ACLU National Prison Project, filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs claimed that Defendants deliberately subjected them to injury and risk of ... read more >
In May 1994, inmates at Ely State Prison, represented by the ACLU National Prison Project, filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs claimed that Defendants deliberately subjected them to injury and risk of injury from a ""shoot to injure"" policy enforced in non-threatening situations. Plaintiffs also complained of inadequate medical and mental health care, denial of meaningful access to the court, and visitation hardships.

Following protracted discovery, the parties filed a joint stipulation dismissing all of the plaintiffs' claims except those regarding mental health care and the use of live ammunition at the prison. Following expert evaluations and efforts by defendants to address plaintiffs' concerns, plaintiffs moved for voluntary dismissal without prejudice in July 1997. Limited litigation regarding attorney's fees continued until 1999. The case was dismissed in February 2000.

Eoghan Keenan - 06/10/2005


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Assault/abuse by staff
Law library access
Visiting
Medical/Mental Health
Medical care, general
Mental health care, general
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Ely State Prison
Plaintiff Description inmates at Ely State Prison
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 1996 - n/a
Case Closing Year 2000
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
94-0314DWH (D. Nev.) 03/09/2000
PC-NV-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2) 07/14/1997
PC-NV-0003-0002.pdf | Detail
Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2) 07/14/1997
PC-NV-0003-0003.pdf | Detail
Memorandum Decision and Order 02/28/1999 (68 F.Supp.2d 1169) (D. Nev.)
PC-NV-0003-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hagen, David Warner (D. Nev.)
PC-NV-0003-0004
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Donald Y. (Nevada)
PC-NV-0003-0002 | PC-NV-0003-0003 | PC-NV-0003-0004 | PC-NV-0003-9000
Jones, Mohamedu F. (District of Columbia)
PC-NV-0003-0002 | PC-NV-0003-0003 | PC-NV-0003-0004 | PC-NV-0003-9000
Lopez, Mark J. (District of Columbia)
PC-NV-0003-9000
Defendant's Lawyers Cathcart, Anne B. (Nevada)
PC-NV-0003-9000
Del Papa, Frankie Sue (Nevada)
PC-NV-0003-0004 | PC-NV-0003-0004 | PC-NV-0003-9000
Swafford, Harold A. (Nevada)
PC-NV-0003-0003 | PC-NV-0003-0004 | PC-NV-0003-0004
Other Lawyers None on record

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