University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Ybarra v. Nevada Bd. Of Prison Comm'rs PC-NV-0008
Docket / Court 80-40 ( D. Nev. )
State/Territory Nevada
Case Type(s) Prison Conditions
Case Summary
In 1980, Bernard Ybarra applied, pro se, for a preliminary injunction in the District of Nevada to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against his girlfriend.

In a March 1981 order, the District ... read more >
In 1980, Bernard Ybarra applied, pro se, for a preliminary injunction in the District of Nevada to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against his girlfriend.

In a March 1981 order, the District Court (Judge Edward C. Reed) stated that Ybarra was entitled to a preliminary injunction because the regulation (1) had not been put into writing and posted at the Prison, (2) was in conflict with a duly adopted existing regulation, and (3) had not been approved by the Board of State Prison Commissioners. However, instead of granting an injunction, Judge Reed granted defendants sixty days to file proof, via affidavit of the Prison Superintendent, that a Board approved regulation had been posted at the Prison. Defendants filed the affidavit a month later and plaintiff's preliminary injunction was denied. Ybarra v. Nevada Bd. of State Prison Comm'rs, 520 F. Supp. 1000 (D. N.M. 1981).

The docket for this case is not available on PACER, and therefore our information ends with the only available decision, dated August 24, 1981.

Eoghan Keenan - 06/10/2005


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief denied
General
Bathing and hygiene
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Nevada State Prison
Plaintiff Description Inmate applying for preliminary injunction to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against inmate's girl friend
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1981 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
No docket sheet currently in the collection
General Documents
Order 08/24/1981 (520 F.Supp. 1000) (D. Nev.)
PC-NV-0008-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Reed, Edward Cornelius Jr. (D. Nev.)
PC-NV-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Adler, Ernest E. (Nevada)
PC-NV-0008-0001
Thornley, Richard E. (Nevada)
PC-NV-0008-0001
Other Lawyers None on record

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