Las Vegas Sun

February 13, 2012

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State to pay ACLU $325,000 over prison medical care

Tuesday, July 13, 2010 | 11:51 a.m.

CARSON CITY – The state Board of Examiners has agreed to pay $325,000 to attorneys for the American Civil Liberties Union, which had sued on grounds the medical care at the prison in Ely was below standard.

State Budget Director Andrew Clinger told the board Tuesday the medical care has been brought up to national standards.

Deputy Attorney General Will Geddes said that under the agreement with the ACLU, there will be a two-year monitoring of medical conditions. The suit by the ACLU will be dismissed with prejudice.

Geddes said the $325,000 is about half of what the ACLU sought to reimburse it for the work performed by lawyers.

In bringing the legal action, the ACLU said it received an extraordinarily large number of complaints about inadequate medical treatment.

The suit was filed on behalf of all prisoners at Ely, including more than 60 of them on death row.

One was David Riker, convicted of killing Kevin Marble, who was stabbed to death multiple times in a residential area in Las Vegas. Riker pleaded guilty and a three-judge court sentenced him to death.

In the 2008 suit, Riker complained he suffered from ailments that caused debilitating chronic pain. He alleged he was told that treating chronic pain is against the policy of the prison, he said.

The board also agreed to a $130,000 out-of-court settlement to Lorraine M. Wilkin, who claims she was the victim of sexual harassment while working at the prison in Ely. She claimed she was fired as a retaliatory act by the prison.

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