Federal judge rejects Ely inmates’ class action lawsuit

Single Sign-On: You can use Facebook account to log in to LasVegasSun.com. (We will use your first and last name from your profile.)
Trusted Commenting: Facebook connected users automatically become trusted commenters.

Tuesday, Aug. 26, 1997 | 2:10 a.m.

The lawsuit, filed in 1994, was thrown out by U.S. District Judge David Hagen in Reno, the attorney general's office said.

The American Civil Liberties Union filed the suit on behalf of inmates who alleged inhumane conditions at the maximum security prison, including the use of cruel and unusual punishment, inadequate medical and mental health care and a lack of recreational, educational and job activities.

The Ely State Prison was built in 1989 at a cost of $51.6 million, and houses about 1,000 inmates, including all of the state's male death row prisoners.

The lawsuit was dismissed after the ACLU failed to prove any of the allegations, said Attorney General Frankie Sue Del Papa.

"Although this suit failed to prove any unconstitutional activity at Ely State Prison, extensive resources of the state were required in the defense of another unfounded inmate lawsuit," she said.

Del Papa said her office will file a motion on behalf of the state to recover those costs from the ACLU.