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Court reinstates suit by former inmate

Wednesday, July 13, 2005 | 9:49 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court has reinstated a suit by a former prison inmate of the Southern Desert Correction Center who was beaten by another convict in his cell in 1997.

George A. Simmons, who was serving a 12-48 month term for trafficking in methamphetamines, suffered a broken jaw, fractured vertebrae, a fractured clavicle and soft tissue swelling around the brain. He was unconscious for six weeks.

Simmons accused prison officials of negligence in trying to protect him. He said he was a victim of a gang attempting to collect a "tier tax" and prison officials knew about the practice. Prison officials deny Simmons ever informed them about a so-called effort to extort money from inmates by gangs.

District Judge Stewart Bell of Las Vegas, dismissed the suit on grounds Simmons did not file an administrative claim with the prison within six months after the attack. The Supreme Court Monday said Simmons was not required to file the claim and it reinstated the suit for further action.

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