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Civil Rights and Discrimination
University of Nevada, Las Vegas -- William S. Boyd School of Law
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Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays
Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays
Nevada Supreme Court Summaries
The Nevada Supreme Court considered whether the district court erroneously dismissed the rights deprivation claims of the appellant, an incarcerated individual, on procedural grounds. The Court held that the lower court erred in dismissing the appellant’s claims with prejudice under NRCP 12(b)(5) when he had pleaded facts sufficient to place the respondents on notice of the nature of the claim and relief sought, in accordance with Nevada’s notice-pleading standard. The Court also held that the lower court erred in dismissing the appellant’s complaint with prejudice, without granting leave to amend to resolve the deficiencies in service, and without an explanation …