Wrongful Death Lawsuit Filed Against Nevada Department of Corrections After Inmate’s Preventable Death

The Nevada Department of Corrections (NDOC) faces increasing scrutiny regarding inmate safety and well-being, as highlighted by a recent wrongful death lawsuit. This lawsuit, filed after an inmate’s preventable death, brings to light critical questions about the NDOC’s policies, staffing levels, and adherence to protective custody protocols. With 66 inmate deaths reported statewide this year alone, the need for accountability and reform within Nevada’s correctional system has never been more pressing.

Understanding Wrongful Death in Nevada

In Nevada, a wrongful death claim arises when someone dies due to another party’s negligence, recklessness, or intentional acts. These cases are civil lawsuits aimed at securing monetary compensation for the losses suffered by the deceased’s family. Nevada law (NRS 41.085) allows the deceased’s heirs or personal representatives to file a wrongful death lawsuit. Heirs typically include a surviving spouse, children, or parents.

To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant’s negligence directly caused the death. This involves proving that the defendant owed a duty of care to the deceased, breached that duty, and the breach resulted in their death. Common examples of negligence leading to wrongful death include car accidents, medical malpractice, unsafe working conditions, and defective products.

The Recent Lawsuit Against the NDOC

A recent case exemplifies the serious concerns surrounding inmate deaths within the NDOC. The family of Jacob Herman, a Las Vegas man, filed a wrongful death lawsuit against the NDOC after he was killed just days before his scheduled release. Herman, who was serving time for a larceny conviction, was allegedly placed in a cell with a man serving a life sentence for violent crimes, despite being designated for protective custody. The lawsuit claims that the NDOC’s “systemic overcrowding, understaffing, and disregard for protective-custody safeguards” directly led to Herman’s death. The family is seeking at least $15,000 in damages, hoping to hold the NDOC accountable and prevent similar tragedies.

This lawsuit is not an isolated incident. In September 2025, Nevada agreed to pay $4.6 million to settle a lawsuit accusing prison guards of beating a man and leaving him to die in 2023. These cases highlight a pattern of alleged misconduct and negligence within the NDOC, raising serious questions about the safety and well-being of inmates in its custody.

Preventable Deaths and Negligence

Many wrongful death lawsuits against correctional facilities center on the argument that the inmate’s death was preventable. This often involves allegations of:

Medical Neglect: Failing to provide adequate medical care for inmates with serious health conditions.
Failure to Protect: Not protecting inmates from known threats, including violence from other inmates.
Unsafe Conditions: Maintaining unsafe living conditions that contribute to illness or injury.
Improper Training: Inadequate training of staff on the use of force, de-escalation techniques, and emergency response procedures.

In Herman’s case, the lawsuit alleges that the NDOC failed to protect him by housing him with a dangerous cellmate, despite knowing the risks. This alleged disregard for his safety, coupled with claims of understaffing and overcrowding, paints a picture of systemic negligence that directly contributed to his death.

Statistics and Trends in Nevada Prisons

Examining data on prisoner deaths in Nevada reveals concerning trends. A 2019 report by the University of Nevada, Las Vegas, found that Nevada’s prisoner mortality rate was generally higher than national averages between 2005 and 2014. During this period, the average annual prisoner death rate in Nevada prisons was 28 deaths per 10,000 prisoners, compared to 26 deaths per 10,000 prisoners in all U.S. state prisons.

The Nevada Department of Corrections (NDOC) is responsible for the care and custody of approximately 14,000 offenders in seven major correctional institutions and numerous camps across the state. From 2007-2018, 53% of prisoner deaths occurred in a NDOC medical facility. The most common cause of death was related to medical illnesses, with heart disease (25%) and other illnesses (30%) being the leading causes. About 7% of prisoner deaths in Nevada were ruled as suicides, representing the most common non-natural cause of death for prisoners in the state.

While these statistics provide a general overview, it’s important to note that the NDOC’s data does not always specify the exact causes of death, and health information is protected under HIPAA. This lack of transparency can make it difficult to fully assess the extent of preventable deaths and identify areas for improvement.

Who Can File a Wrongful Death Claim?

Nevada law (NRS 41.085) specifies who has the legal right to file a wrongful death claim. The action can be brought by either:

The personal representative of the deceased person’s estate.
The surviving heirs, which typically include the surviving spouse or domestic partner, children, or, if there are none, the parents of the deceased.

Statute of Limitations

In Nevada, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. It is crucial to file a claim within this timeframe, as failing to do so will likely result in the case being dismissed by the court.

Seeking Justice and Accountability

Wrongful death lawsuits against the NDOC serve multiple purposes. They provide a means for grieving families to seek justice and compensation for their losses. They also hold the NDOC accountable for its actions and inactions, potentially leading to policy changes and improved conditions within the prison system.

If you believe that the death of a loved one in NDOC custody was the result of negligence or wrongful acts, it is essential to consult with an experienced Nevada wrongful death attorney. An attorney can help you understand your legal rights, investigate the circumstances surrounding the death, and pursue a claim for damages.

Call to Action

The preventable death of an inmate is a tragedy that demands attention and action. If you have lost a loved one in a Nevada correctional facility, contact us today for a free consultation. We can help you navigate the legal process and fight for the justice your family deserves.