Ripped directly from the Nevada Revised Statutes, here’s THIS:
1. A jailer or person who is guilty of willful inhumanity or oppression to any prisoner under the care or custody of the jailer or person shall be punished:
(a) Where the prisoner suffers substantial bodily harm from the inhumanity or oppression, for a category D felony as provided in NRS 193.130.
(b) Where no substantial bodily harm results, for a gross misdemeanor.
2. Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of willful inhumanity is guilty of a malfeasance in office.
[Part 62:108:1866; B § 2660; BH § 1697; C § 1843; RL § 2818; NCL § 4818]—(NRS A 1967, 524; 1995, 1255)
Now, I need to continue reading, obviously, to find out what the *definition* of “inhumanity” and “willful inhumanity” are under the NRS, but it seems that common sense would indicate that so far, because of the NDOC’s refusal to treat Tracy’s constant, staggaring pain, an excellent and very strong case could be made that they collectively are GUILTY of willful inhumanity.
Clearly, I have a lot more reading to do – and I will do that, but I feel pretty excited about finding this so far. It came about because of a conversation I had with a fantastic attorney today. I had previously discussed with him our desire to appeal the parole board’s denial, but since the prison seems to be refusing all attemps Tracy makes to mail his parole paperwork, I have not been able to submit it to said attorney to make any progress. So today, he suggested that we may want to file a Writ of Mandamus, which essentially asks the court to FORCE the government to abide by its own laws.
One of the best pieces of advice the attorney gave me was to do as much of the research myself, since research time would eat up a lot of the retainer. (He bills against the retainer, and said that money goes extremely quickly, which isn’t hard to imagine.)
Anyway, I *just* spoke to Tracy; he called while I was in the middle of typing that last paragraph, and I discussed this stuff with him. He told me what I already knew – that he first has to go through the grievance process within the prison. And, we both know that absolutely NOTHING will come of that. Once he has exhausted his options there, we can move forward with civil litigtion. So, I know what my time frame is for gathering the necessary intel and paperwork: forever, since that is how long it will take for the NDOC to answer the grievance.
One of the scariest things for me about this entire nightmare is that I know Tracy will be punished by the prison for filing a grievance. That is standard operating procedure there, and he will be labled as a trouble causer, even though his grievance is legitimate. I can’t let myself think about it – too scary.
He told me, during this last phone call (and has told me previously) that he has been telling the NDOC the entire time he’s been incarcerated that he needed surgery, since he had already been planning for it before his arrest. So this entire time, they have been ignoring him and his intense, unrelenting pain.
I’m cutting this short so I can get it posted, because Tracy is calling again now…