Inmate civil-rights suits decrease but ACLU say problems still exist

Friday, Dec. 26, 1997 | 10:52 a.m.

CARSON CITY -- While Attorney General Frankie Sue Del Papa boasts about the reduction in civil-rights lawsuits by inmates, an American Civil Liberties Union spokesman says constitutional problems still exist in Nevada prisons.

Del Papa said this week that despite an inmate population of 8,000 prisoners -- up 11 percent from 7,183 in 1996 -- the number of suits her office defended in the last 18 months has declined by 43 percent to 258 cases.

"This is an incredible change, and I am very gratified to see tangible and positive results from all the hard work of this office and of so many other people," Del Papa said.

Nevada ACLU Executive Director Gary Peck said Del Papa has little to brag about.

"To the extent the reduction really does reflect an improvement of prison conditions, we at the ACLU are heartened, but there are reasons for continued concern," he said.

Peck said the fast-growing prison population raises questions about overcrowding.

He also said the ACLU is looking into whether women prisoners are treated unfairly compared with men.

"This is not simply a matter of dollars and cents," Peck said. "It's a matter of constitutional rights and doing the right thing."

Peck said women inmates confined to the prison in North Las Vegas, which is run by a private firm, Corrections Corporation of America, have different rules from men.

For instance, he said female inmates are prohibited from owning a cassette player, even to listen to religious tapes.

The North Las Vegas prison also doesn't broadcast some of the same television programs as men's facilities, Pack said, and woman have a restriction on the number of legal documents they can collect.

As an example of frivolous lawsuits, Del Papa often cites the case of an inmate who sued because he demanded chunky peanut butter but was given regular. A federal judge dismissed the lawsuit.

Del Papa said the lawsuit count has declined in part because state and federal laws established strict guidelines and implemented punishments for inmates who file frivolous suits.

The 1995 Legislature authorized wardens to take away good-time credits from inmates if a court says a lawsuit lacks merit.

A new state law also requires Nevada courts to dismiss inmate claims if the prisoner failed to exhaust administrative remedies within six months from the date the claim arose.

On the federal level, Congress approved a law requiring inmates to pay the court filing fee. Inmates who lack money can still file lawsuits, but inmates must be willing to pay the fee over time through deductions in their prison account.

"I believe word has spread among the inmates that this state is serious about imposing meaningful consequences upon those who waste court and state resources and who abuse our legal system," Del Papa said. "Nevada is recognized nationally as a leader in the movement to end frivolous and nonmeritorious inmate litigation."

Peck said Del Papa's crackdown on inmate lawsuits could discourage legitimate complaints.

"It's important to remember that inmates are not attorneys, and when you set up punitive rules, people are denied rights," he said.