Rubber pellets another sore spot at DMV

Monday, Sept. 27, 1999 | 9:08 a.m.

George Benda claims that guard Chris Lyon violated his civil rights in the April 8 incident at Nevada State Prison in Carson City.

He also has filed suit in Carson City District Court alleging excessive force and negligence on the part of the Nevada Department of Prisons in its supervision of Lyon.

Keith Munro, the senior deputy attorney general representing Lyon in the federal suit, would not comment on details of the case but said he will defend Lyon, who remains employed at the prison.

Benda's lawyer, Jeffrey Dickerson, said Benda was ushering a group of prisoners back to work in the license plate-manufacturing center when several pellets from a guard's rifle struck him while his back was turned.

He said there is a dispute whether a warning was given. It's Benda's contention that none was.

Benda continues to work for the DMV, but now is in the records section.

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