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November 27, 2009

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Seven inmates allege excessive force in Ely

Monday, June 8, 1998 | 10:22 a.m.

Seven Ely State Prison inmates have filed a civil rights lawsuit against corrections officers and prison officials alleging cruel and unusual punishment.

In their lawsuit filed in U.S. District Court late last month, the inmates -- William McKinney, Juan High, Tomas Joe, James Beverly, Willie Thurman, Terrence Brothers and Leonardo Luna -- allege that excessive force was handed down by corrections officers at the maximum-security facility.

In addition, the suit claims that two inmates are being housed in cells that were built for one.

The lawsuit also claims racial discrimination because the inmates are minorities, and the corrections officers named in the suit are white. It also claims inhumane treatment and cruel and unusual punishment by corrections officers.

Glen Whorton, spokesman for the Nevada Department of Prisons, said Friday he could not comment on the litigation while it is in the courts.

However, Jerry Weis, senior deputy attorney general who is representing the defendants, said the case is in the beginning stages.

"We'll be answering the complaint by June 26," he said. "It could be anywhere from a year to two years before it goes to trial."

He declined to comment on specifics in the complaint.

While the lawsuit was sent to the court a year ago, it was not officially filed until about two weeks ago, Weis said.

"They (the court) held it until a payment of a filing fee was received (from the plaintiffs)," Weis said.

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