Nevada Department of Corrections Sued for Inmate Death: A Case of Neglect?

The Nevada Department of Corrections (NDOC) is facing increasing scrutiny over the safety and well-being of inmates in its custody. A recent wrongful death lawsuit has brought the issue of inmate neglect to the forefront, raising serious questions about the NDOC’s policies and practices. Is this an isolated incident, or does it point to a systemic problem within Nevada’s correctional facilities?

Recent Lawsuit Highlights Alleged Negligence

In November 2025, the family of Jacob Herman filed a wrongful death lawsuit against the NDOC, alleging negligence that led to his death. Herman, who was scheduled to be released just days later, was allegedly housed with a cellmate who had repeatedly threatened his life. The lawsuit claims that the NDOC defied Herman’s protective custody rights, leading to his death at High Desert State Prison on July 16, 2025. The family is seeking at least $15,000 in damages.

The lawsuit further alleges that corrections officers failed to protect Herman from his cellmate, referred to as “King” in the complaint, who was serving a life sentence for violent felonies. The family believes that King had informed corrections officers of his intent to kill Herman if they were housed together. The lawsuit also contends that systemic issues such as overcrowding, understaffing, and disregard for protective-custody safeguards contributed to Herman’s death.

The NDOC has declined to comment on the pending litigation.

What is a Wrongful Death Claim?

In Nevada, a wrongful death claim arises when a person’s death is caused by the wrongful act or neglect of another. Under Nevada Revised Statutes (NRS) 41.085, the heirs or personal representatives of the deceased can file a civil action seeking damages. To succeed in a wrongful death case, the plaintiff must generally prove the following:

The death of a person occurred.
The death was caused by the wrongful act or neglect of another.
The plaintiff is an heir or personal representative of the deceased.
The plaintiff suffered damages as a result of the death.

Those who can file a wrongful death lawsuit in Nevada include:

Surviving spouse or domestic partner
Children (biological or adopted)
Parents (if there is no spouse or child)
Other next of kin (if closer relatives are not alive)
The executor or administrator of the deceased person’s estate

Damages that can be recovered in a Nevada wrongful death case may include:

Funeral and burial expenses
Medical expenses related to the final injury or illness
Lost wages the deceased would have earned
Loss of companionship and support
Punitive damages (in some cases)

In Nevada, a wrongful death claim must be filed within two years of the date of death.

History of Lawsuits and Allegations Against the NDOC

The recent lawsuit is not an isolated incident. The NDOC has faced numerous lawsuits and allegations of negligence, inadequate medical care, and inhumane conditions in recent years.

Prior Settlement: In September 2025, Nevada agreed to pay $4.6 million to settle a lawsuit accusing prison guards of beating an inmate and leaving him to die in 2023.
Medical Neglect: In March 2025, an inmate, Luis Sandoval, sued the NDOC, alleging that medical negligence led to the amputation of toes on both of his feet. He described his experience as “cruel and unusual punishment.”
Inadequate Medical Care: In 2018, Charles Morris filed a federal lawsuit alleging “callous disregard” for his health after being denied necessary back surgery for years. He eventually received surgery after a fall left him partially paralyzed, and the state settled the case for $939,000 in 2025.
Systemic Issues: A 2024 memo from a Nevada prison warden highlighted systemic denial of medical care to inmates.

These cases highlight a pattern of alleged misconduct and raise concerns about the NDOC’s ability to provide adequate care and protection to inmates.

Issues Contributing to Inmate Deaths and Neglect

Several factors may contribute to inmate deaths and neglect within the NDOC:

Overcrowding: Overcrowding can strain resources and lead to inadequate staffing and supervision.
Understaffing: Staff shortages can result in delayed medical care, insufficient monitoring of inmates, and increased violence.
Lack of Training: Inadequate training for corrections officers can lead to improper handling of inmates, failure to recognize medical needs, and use of excessive force.
Systemic Problems: Systemic issues such as a lack of accountability, inadequate oversight, and a culture of indifference can contribute to a climate of neglect.

In 2024, corrections officers filed a complaint against the NDOC, alleging that the department neglected safety concerns regarding the transfer of nearly 2,000 inmates between prisons. The complaint cited a lack of training, insufficient equipment, and inadequate staffing at High Desert State Prison, the new maximum-security facility.

NDOC Statistics on Inmate Mortality

The NDOC is responsible for the care and custody of approximately 14,000 offenders in seven major correctional institutions and numerous camps across the state. While the NDOC provides data on in-custody offender deaths, cause of death information must be obtained through the county coroner’s office.

A 2019 report examining prisoner deaths in Nevada state prisons revealed the following:

From 2007 to 2018, there were 506 prisoner deaths.
The average age of death was 58.
Over half of the deaths occurred in NDOC medical facilities.
The most common causes of death were related to medical illnesses, including heart disease and other illnesses.
About 7% of prisoner deaths were ruled as suicides.
From 2005 to 2014, Nevada’s prisoner mortality rate was generally higher than national averages.

Legal and Ethical Obligations of the NDOC

The NDOC has a legal and ethical obligation to ensure the safety and well-being of inmates in its custody. The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment, which includes deliberate indifference to an inmate’s serious medical needs.

The Supreme Court case Estelle v. Gamble established that prison officials violate the Eighth Amendment when they show deliberate indifference to serious medical needs of prisoners. This means that prison officials must provide adequate medical care to inmates and cannot ignore or deny necessary treatment.

Moving Forward: Addressing the Issues Within Nevada’s Correctional System

The recent lawsuit and ongoing concerns about inmate deaths and neglect highlight the need for significant reforms within the NDOC. To ensure the safety and well-being of inmates, the NDOC should consider the following:

Increased Staffing and Training: Adequate staffing levels and comprehensive training for corrections officers are essential for providing proper supervision and care.
Improved Medical Care: The NDOC must ensure that inmates have timely access to quality medical care, including preventative care, treatment for chronic conditions, and mental health services.
Enhanced Oversight and Accountability: Independent oversight of the NDOC is needed to ensure that policies and procedures are followed and that misconduct is addressed promptly and effectively.
Transparency and Cooperation: The NDOC should be transparent in its reporting of inmate deaths and cooperate fully with investigations into allegations of misconduct.
Addressing Systemic Issues: The NDOC must address systemic issues such as overcrowding, understaffing, and a lack of accountability to create a culture of safety and respect for inmates.

The Nevada Department of Corrections faces a critical challenge in ensuring the safety and well-being of the individuals in its custody. The recent lawsuit serves as a stark reminder of the potential consequences of neglect and the urgent need for comprehensive reforms. By addressing the systemic issues and prioritizing the health and safety of inmates, the NDOC can work to prevent future tragedies and uphold its legal and ethical obligations.

If you believe that a loved one has suffered injury or death due to neglect or misconduct within the Nevada Department of Corrections, it is important to seek legal guidance. Contact our firm today for a consultation to discuss your rights and options.