Johnson v. Young et al

Filing 119

ORDER granting ECF No. 104 Motion to Produce Inmate Lausteveion Johnson for Trial (see order for details). Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)

Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 1 of 3

1
2
3
4
5
6
7
8

ADAM PAUL LAXALT
Attorney General
BENJAMIN R. JOHNSON
Deputy Attorney General
Nevada Bar No. 10632
Bureau of Litigation
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: [phone]
Email: [e-mail]
Attorneys for Defendants Renee Baker,
James “Greg” Cox, William Moore,
April Witter, and Nissel Young

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

LAUSTEVEION JOHNSON,
Case No. 3:14-cv-00178-RCJ-VPC

Plaintiff,

12
13

v.

14

N. YOUNG, et al.

MOTION TO PRODUCE INMATE
LAUSTEVEION JOHNSON FOR TRIAL
Defendants.

15
16

Defendants, Renee Baker, James “Greg” Cox, William Moore, April Witter, and Nissel Young, by

17

and through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, and Benjamin R.

18

Johnson, Deputy Attorney General, hereby file this Motion to Produce Inmate Lausteveion Johnson for

19

Trial. This motion is supported by the following memorandum of Points and Authorities and all papers

20

and pleadings on file in this action.

21
22

MEMORANDUM OF POINTS AND AUTHORITIES
I.

INTRODUCTION

23

The above-captioned case is scheduled for trial at the Bruce R. Thompson United States

24

Courthouse in Reno, Nevada, to begin on October 24, 2016. Mr. Johnson is currently incarcerated at

25

Southern Desert Correctional Center (SDCC) in the custody of the Nevada Department of Corrections

26

(NDOC). The NDOC intends to temporarily transfer Plaintiff Lausteveion Johnson (#82138) (Mr.

27

Johnson) to a correctional facility that is geographically closer to the courthouse for trial. The NDOC

28

requires an order from this Court to make this transfer and produce Mr. Johnson for trial.

Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

1

Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 2 of 3

1

II.

ARGUMENT

2

Inmate transportation is governed by the Nevada Revised Statutes and NDOC Administrative

3

Regulations. See NRS 209.274 (“when an offender is required or requested to appear before a court in

4

this state, the Department shall transport the offender to and from court on the day[s] scheduled for his

5

or her appearance”).
In order for the NDOC’s transportation authority to be fully compliant with applicable law and

6
7

regulations, Defendants respectfully request an Order from this Court directing the NDOC to:

8

1. Temporarily transfer Mr. Johnson to a northern correctional institution that is suitable for his

9

custody level, has available housing units, and is geographically closer to Reno, Nevada than
SDCC for the purpose of trial in the above-referenced case;

10
11

2. Produce Mr. Johnson at the Bruce R. Thompson United States Courthouse, 400 South

12

Virginia Street, Reno, Nevada 89501 on the dates and times of trial in the above-referenced

13

case; and

14

3. Make any other necessary arrangements to ensure that Mr. Johnson remains physically

15

present at the Bruce R. Thompson United States Courthouse, 400 South Virginia Street,

16

Reno, Nevada 89501 on the dates and times of trial in the above-referenced case.

17

Defendants have attached a proposed order to this motion as Exhibit A. The NDOC will ensure

18

that Mr. Johnson is transferred in compliance with the Court’s Order. Defendants also request that Mr.

19

Johnson be transferred with his legal property in order to ensure the speedy adjudication of his claims.

20

III.

21
22
23
24
25
26
27
28
Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

CONCLUSION
Defendants request the Court execute and issue the attached proposed Order, thereby securing

Mr. Johnson’s physical presence at trial.
DATED this 22nd day of September, 2016.
ADAM PAUL LAXALT
Attorney General
By:
BENJAMIN R. JOHNSON
Deputy Attorney General
Bureau of Litigation
Attorneys for Defendants
2

Case 3:14-cv-00178-RCJ-VPC Document 104 Filed 09/22/16 Page 3 of 3

CERTIFICATE OF SERVICE

1
2

I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that

3

on this 22nd day of September, 2016, I caused to be deposited for mailing, a true and correct copy of the

4

foregoing, MOTION TO PRODUCE INMATE LAUSTEVEION JOHNSON FOR TRIAL, to the

5

following:

6

LAUSTEVEION JOHNSON #82138
SOUTHERN DESERT CORRECTIONAL CENTER
P. O. BOX 208
INDIAN SPRINGS, NV 89070

7
8
9
10
11

An employee of the
Office of the Attorney General

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

3

Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 1 of 3

EXHIBIT A
PROPOSED ORDER TO
PRODUCE INMATE FOR
TRIAL

EXHIBIT A

Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 2 of 3

1
2
3
4
5
6
7
8

ADAM PAUL LAXALT
Attorney General
BENJAMIN R. JOHNSON
Deputy Attorney General
Nevada Bar No. 10632
Bureau of Litigation
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: [phone]
Email: [e-mail]
Attorneys for Defendants Renee Baker,
James “Greg” Cox, William Moore,
April Witter, and Nissel Young

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

LAUSTEVEION JOHNSON,
Case No. 3:14-cv-00178-RCJ-VPC

Plaintiff,

12
13

v.

14

N. YOUNG, et al.

15

ORDER TO PRODUCE
INMATE FOR TRIAL
Defendants.

16

Before the Court is Defendants’ Motion to Produce Inmate Lausteveion Johnson for Trial. The

17
18

Court Ordered that the above-captioned case shall proceed to a jury trial at the Bruce R. Thompson
December 12, 2016
Courthouse, 400 South Virginia Street, Reno, Nevada 89501, beginning on October 24, 2016. (ECF No.

19

96). The Motion to Produce Inmate Lausteveion Johnson for Trial is GRANTED. Accordingly,

20

IT IS ORDERED that the Nevada Department of Corrections shall temporarily transfer

21

Lausteveion Johnson (#82138) to a northern correctional institution that is suitable for his custody level,

22

has available housing units, and is geographically closer to Reno, Nevada than Southern Desert

23

Correctional Center, Lausteveion Johnson’s (#82138) current place of confinement, for the purpose of

24

trial in the above-referenced case;

25
26

IT IS FURTHER ORDERED that the Nevada Department of Corrections will transfer
Lausteveion Johnson’s (#82138) with all of his legal property related to the above-referenced case;

27

IT IS FURTHER ORDERED that the Nevada Department of Corrections shall produce

28

Lausteveion Johnson’s (#82138) at the Bruce R. Thompson Courthouse, 400 South Virginia Street,

Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

1

Case 3:14-cv-00178-RCJ-VPC Document 104-1 Filed 09/22/16 Page 3 of 3

1

Reno, Nevada 89501 from 8:30 a.m. until 5:00 p.m., or such other times ordered by the Court, for each

2

day of trial until the trial is concluded; and

3

IT IS FURTHER ORDERED that the Nevada Department of Corrections make any other

4

necessary arrangements to ensure that Lausteveion Johnson’s (#82138) remains physically present at the

5

Bruce R. Thompson Courthouse, 400 South Virginia Street, Reno, Nevada 89501 from 8:30 a.m. until

6

5:00 p.m. or such other times ordered by the Court, for each day of trial until the trial is concluded.

7

IT IS SO ORDERED.

8

Dated: September______, 2016.
DATED: This 18th day of October, 2016.
________________________________
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

2