Glass v. Featherly

Filing 51

ORDERED that Glass's motion, (ECF No. 50 ), is granted and the Clerk is directed to mail a copy of Defendants' motion for summary judgment and exhibits, (ECF No. 45 ), to Glass at High Desert State Prison. (Copy of ECF No . 45 attached hereto for distribution to P via HDSP law library.) IT IS FURTHER ORDERED that Glass's motion for extension of time, (ECF No. 49), is GRANTED, in part and DENIED, in part such that Glass's response to Defendants' motion for summary judgment, (ECF No. 45 ), is now due on or before Monday, March 18, 2024. Signed by Magistrate Judge Carla Baldwin on 2/6/2024. (Attachments: # 1 Copy of ECF 45 for Plaintiff)(Copies have been distributed pursuant to the NEF - DRM)

Case 3:22-cv-00280-CLB Document 45 Filed 01/10/24 Page 1 of 16
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AARON D. FORD
Attorney General
JANET E. TRAUT, Bar No. 8695
Deputy Attorney General
State of Nevada
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Daniel Featherly, Stelyn Mauro
And Michael Stolk

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL GLASS,

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Case No. 3:22-cv-00280-CLB
Plaintiff,

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v.

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FEATHERLY,

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MOTION FOR SUMMARY
JUDGMENT

Defendant.

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Defendants, Daniel Featherly, Stelyn Mauro, and Michael Stolk by and through

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counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Janet E. Traut,

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Deputy Attorney General, submit their Motion for Summary Judgment pursuant to Fed.

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R. Civ. P. 56.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

Nature of Motion

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This is a pro se prisoner civil rights action brought by Michael Glass (Glass)

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asserting claims under 42 U.S.C. §1983. Pursuant to this Court’s Screening Order, Glass

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was allowed to proceed on one (1) Eighth Amendment use of force claim against

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Defendant Featherly (Featherly). ECF No. 4 at 5:13-14. Glass filed his First Amended

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Civil Rights Complaint (FAC) on May 3, 2023. ECF No. 27. The FAC added a Fourteenth

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Amendment due process claim against Defendants Stolk and Mauro. ECF No. 27 at 5.

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The FAC also adds an Eighth Amendment failure to protect claim against Defendant

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Featherly. ECF No. 27 at 6. The FAC was not screened.

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Glass sues for events that took place while incarcerated at Ely State Prison (ESP).
ECF No. 27 at 1. The FAC does not include any claim for relief. Id.

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Glass’ allegations do not rise to the level of constitutional violations. Therefore,

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Defendants are entitled to judgment as a matter of law.

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II.

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On August 19, 2022, this Court screened and filed the initial complaint. ECF No. 4
and 5. An Inmate Early Mediation Conference was held without settlement. ECF No. 7
and 13.

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Thereafter, Defendant Featherly filed his Answer on May 2, 2023, ECF No. 23, and
provided initial disclosures to Glass on May 23, 2023.

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Statement of the Case

Service was accepted on behalf of Defendants Mauro and Stolk on May 23, 2023.
ECF No. 33. Defendants’ Answer to the FAC was filed on July 5, 2023. ECF No. 38.

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The time for discovery has passed. Defendants now submit their Motion for

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Summary Judgment.

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III.

Statement of Facts Pursuant to Local Rule 56-1

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A.

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On or about January 4, 2022, an inmate-on-inmate assault occurred in Unit 6, A

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The Incident

wing at ESP. Exhibit A at 1; Exhibit C at 1.

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Glass’ cellmate had permission to leave the cell to take a shower. 1 Id. at 8.

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Defendant Featherly opened the cell door, and Glass got “in-between the door to

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prevent it from closing all the way.” Id.; Exhibit B at 12:51:43. Glass exited his cell

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without permission. Id.

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As the battery commenced on his cellmate, Glass ran across the upper level of the
tier. Ex. B at 12:52:10.

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Featherly notes in an April 25, 2022 amendment to the Unit Senior Officer report that
his initial report misidentified Glass and his cellmate. The actions of the redacted inmate
are actually Glass. Ex. A at 9.

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Defendant Featherly ordered all the involved inmates on the tier to get down on
the ground. Ex. A at 8, Ex. C at 1. The inmates ignored the order. Id.

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Defendant Featherly picked up the 40mm rubber bullet launcher and issued
warnings. Id.

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Defendant Featherly fired the 40mm, striking Glass “in the lower extremities” with
an HV (rubber bullet) round. Id.

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Despite being hit by a rubber bullet, Glass and his cellmate continued to advance
on the original attacker. Id.

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Defendant Featherly continued to issue verbal orders to the inmates to get on the
ground, and fired an additional 40mm round. Id.

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Glass and his cellmate continued to ignore the verbal orders. Id.

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Glass ducks and moves to his left, moving into the line of fire. Id.; Ex. B, 12:53:03.

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Glass touches the rear of his head. Id. at 12:53:04. See also ECF No. 27 at 4:4.

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On medical examination, Glass was noted to have “a large approximately 2–3 inch

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laceration . . . on the right posterior side of his head,” and an abrasion to his left groin

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area. Ex. A at 1. He was transported to the local emergency room via ambulance after

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application of a pressure dressing to his head. Id. at 1-2.

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B.

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Defendant Stolk was the disciplinary hearing officer when Glass pleaded guilty to

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Disobedience, a general violation, in relation to the incident on January 4, 2022. Exhibit

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D.

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The Disciplinary Hearing

Glass was sentenced to Loss of Canteen Privilege for 10 days. Id. Restitution was
not a sanction for the guilty finding on Disobedience. Id.

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C.

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Glass was charged $23,815.74 in restitution as a result of the altercation on or

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The Restitution Charge

about January 4, 2022. ECF No. 27 at 5; Exhibit E.

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Glass submitted a request for an accounting inquiry. Id.

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Glass was referred to his caseworker. Id.

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D.

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Glass was classified on May 3, 2018. Exhibit F at 2. He was noted to have no gang

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Glass’ Classification Records

affiliation (STG) and no enemies (CMS). Id.

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Classification on May 7, 2018 also noted no STG. Id. at 3.

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Classification on September 27, 2019 noted “No CMS/STG/Escapes.” Id. at 4.

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Re-Classification on March 18, 2020 and September 14, 2020 indicated no CMS and no

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STG. Id.

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Re-Classification on March 16, 2021 showed no STG, but changed to show CMS at
NNCC. Id. at 5.

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A Classification/Due Process entry on April 14, 2021 addressed Glass being

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charged with having a prison-made weapon in his cell while at Warm Springs

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Correctional Center (WSCC). Id. at 5-6.

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Administrative Segregation notes dated May 17, 2021 and June 15, 2021 discuss
adding more enemies. Id. at 6.

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Re-Classification on July 6, 2021 for transfer to ESP indicates CMS, but still no
STG. Id.

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On reception at ESP, July 16, 2021, notes include updated CMS at WSCC and
NNCC, and affirm no STG. Id. at 7.

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On November 30, 2021, Glass had a Due Process hearing due to a STG

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investigation. Id. Glass did not request protected status until after the incident on

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January 4, 2022. Id.

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IV.

Argument

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A.

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Summary judgment allows courts to avoid unnecessary trials when there is no

Summary Judgment Standard

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dispute as to the facts before the court. Northwest Motorcycle Ass'n v. United States Dep't

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of Agric., 18 F .3d 1468, 1472 (9th Cir. 1994). The purpose of summary judgment is to

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isolate and then terminate claims that are factually unsupported. Celotex Corp. v.

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Catrett, 477 U.S. 317, 323-24 (1986). A moving party is not required to disprove the non-

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moving party’s claims. Id. Instead the moving party is simply required to point out the

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absence of evidence supporting the non-moving party’s claims. Id. The non-moving party

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is then required to come forward with some evidence supporting his claim. Anderson v.

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Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Mere allegations or denials in the pleadings

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are not sufficient to show a genuine issue for trial. Id. at 248. “Where the only evidence

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presented is ‘uncorroborated and self-serving’ testimony” a genuine issue of fact cannot be

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established. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir. 2002).

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“No valid interest is served by withholding summary judgment on a complaint that wraps

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nonactionable conduct in a jacket woven of legal conclusions and hyperbole.” Vigliotto v.

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Terry, 873 F.2d 1201, 1203 (9th Cir. 1989). “When opposing parties tell two different

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stories, one of which is blatantly contradicted by the record, so that no reasonable jury

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could believe it, a court should not adopt that version of the facts for purposes of ruling on

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a motion for summary judgment.” Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769,

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1776 (2007).

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Material facts are facts that might affect the outcome of the case. Anderson, 477

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U.S. at 248. The court should not consider disputes concerning irrelevant or unnecessary

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facts. Id. Where there is a complete failure of proof on an essential element of the case

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for the non-moving party, all other facts become immaterial and the moving party is

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entitled to judgment as a matter of law. Celotex, supra.

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Although inmate non-moving parties may still be entitled to have the facts

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reviewed “in a light most favorable” this favorable review is tempered, “in light of the

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deference that courts must show to [the] prison officials.” Beard v. Banks, 548 U.S. 521,

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126 S.Ct. 2572, 2578 (2006). See also, Overton v. Bazzetta, 539 U.S. 126, 132, 123 S. Ct.

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2162, 2167, 156 L. Ed. 2d 162 (2003) (“We must accord substantial deference to the

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professional judgment of prison administrators, who bear a significant responsibility for

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defining the legitimate goals of a corrections system and for determining the most

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appropriate means to accomplish them.”)

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//

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B.

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An inmate claiming to have been the victim of excessive force that violated his

Eighth Amendment Use of Force

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Eighth Amendment right to be free of cruel and unusual punishment bears the burden of

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showing both an objective and subjective component. “Thus, courts considering a

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prisoner’s claim must ask both if ‘the officials acted with a sufficiently culpable state of

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mind’ and if the alleged wrongdoing was objectively ‘harmful enough’ to establish a

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constitutional violation.” Hudson v. McMillian, 503 U.S. 1, 8 (1992).

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The Court in Hudson stated:
[W]henever prison officials stand accused of using excessive
physical force in violation of the Cruel and Unusual
Punishments Clause, the core of judicial inquiry is that set out
in Whitley [v. Albers, 475 U.S. 312 (1986)]: whether force was
applied in a good-faith effort to maintain or restore discipline, or
maliciously and sadistically to cause harm.
Hudson v. McMillian, 503 U.S. 1, 7 (1992).
Excessive force claims by inmates are properly analyzed under the Eighth and not

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the Fourteenth Amendment. Whitley v. Albers, 475 U.S. 312, 328 (1986). The burden that

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the plaintiff must meet is not an easy one, because, “[a]fter incarceration, only ‘the

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unnecessary and wanton infliction of pain’ constitutes cruel and unusual punishment

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forbidden by the Eighth Amendment.” Id. at 319. The standard that must be met “is

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obduracy and wantonness, not inadvertence or error in good faith . . ..” Id.

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Consequently, “whether the measure taken inflicted unnecessary and wanton pain

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and suffering ultimately turns on ‘whether force was applied in a good faith effort to

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maintain or restore discipline or maliciously and sadistically for the very purpose of

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causing harm.’” Whitley at 320-321. The factors to be considered in determining whether

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force was applied in good faith include the need for the application of force, the

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relationship between the need and the amount of force used, and the extent of the injury

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inflicted. Id. at 321. Equally important factors in determining whether there was a

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wanton infliction of pain are the extent of the threat to the safety of staff and inmates as

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reasonably perceived by the responsible officials on the basis of the facts known to them

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and any efforts made to temper the severity of a forceful response. Id. If force is applied

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in a good faith effort to maintain or restore discipline, then there is no cruel and unusual

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punishment. Id.

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Finally, the Court in Whitley stated:
When the “ever-present potential for violent confrontation and
conflagration,” (citation omitted), ripens into actual unrest and
conflict, the admonition that “a prison’s internal security is
peculiarly a matter normally left to the discretion of prison
administrators”, (citation omitted), carries special weight.
“Prison administrators . . . should be accorded wide-ranging
deference in the adoption and execution of policies and practices
that in their judgment are needed to preserve internal order and
discipline and maintain institutional security” (citations
omitted). That deference extends to a prison security measure
taken in response to an actual confrontation with riotous inmate,
just as it does to prophylactic or preventive measures intended
to reduce the incidence of these or any other breaches of prison
discipline. It does not insulate from review actions taken in bad
faith and for no legitimate purpose, but it requires that neither
judge nor jury freely substitute their judgment for that of
officials who have made a considered choice. Accordingly, in
ruling on a motion for a directed verdict in a case such as this,
courts must determine whether the evidence goes beyond a mere
dispute over the reasonableness of a particular use of force or the
existence of arguably superior alternatives. Unless it appears that
the evidence, viewed in the light most favorable to the plaintiff,
will support a reliable inference of wantonness in the infliction of
pain under the standard we have described, the case should not
go to the jury.
Whitley v. Albers, 475 U.S. 312, 321-322 (1986). (Emphasis added.)
The NDOC has addressed uses of force in its Administrative Regulation (AR) 405.

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Exhibit G. The general provisions for use of force “define[s] staff responsibilities and

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limitations concerning the use of force while still allowing discretion in the appropriate

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application of force.” Ex. G, 405.01. The NDOC authorizes force “to subdue an attacker,

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overcome resistance, affect custody, or to gain compliance with a lawful order.” Id. All

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staff are trained in applications of force and appropriate use of authorized equipment. Id.

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at 405.02. Training includes de-escalation and Continuum of Force. Id.

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AR 405 guides when force may be used. Ex. G, 405.03. “A staff member may use
force to protect himself or any other individual from physical harm by an inmate.” Id. at

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405.03(1). “To compel an inmate's compliance with orders, force may be used if no

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alternative method of persuasion is effective or where the circumstances require

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urgency.” Id. at 405.03(6). “To prevent of quell a disturbance, disperse or apprehend

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inmates whose conduct is creating a risk of death or serious physical injury to others.” Id.

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at 405.03(7). “Less-Lethal Projectile Launchers (40mm) are authorized to compel

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compliance from noncompliant inmates.” Id. at 405.05(2)(E).

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Glass alleges Defendant Featherly “shot me in the back of the head at close range

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using a rubber round.” FAC, p. 2. And the round “split my head open.” Id. However, the

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video of the incident shows Glass squeezing out of his cell as the cell door closes. Ex. B.

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Glass runs across the tier and down the stairs to engage the attacker. Id. Glass

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repeatedly ignores Defendant Featherly’s commands to get down on the floor. Id. Glass is

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shot in the groin area with a rubber round, but he continues to ignore Defendant

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Featherly’s orders. Id. Defendant Featherly continues to use the 40mm launcher to

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attempt to gain compliance and restore order and discipline to the tier. Id. He aims and

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misses. Ex. A, p 8. Glass continues to ignore orders, causing Featherly to launch another

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round, which Glass moves in front of, being struck in the head. Id. Once all the inmates

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have complied and gotten down on the ground, Defendant Featherly stopped firing

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rounds. Ex. B.

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Glass received medical care, first being examined by NDOC medical staff. Ex. A, 1-

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2. He was noted to have a laceration on the side of his head and an abrasion in his groin

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area. Id. Although Glass was sent to the local emergency room, his injuries were not life

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threatening. Id.

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The video in this matter is illustrative, showing less than 7 minutes from the time

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Glass squeezed out of his cell, through the inmate-on-inmate assault with prison-made

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weapons, until order was restored, ending the need for force. Ex. B. The need for the

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application of force was apparent, with an inmate-on-inmate assault taking place with

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the use of deadly weapons. Whitley, supra at 321. No force would have been needed

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against Glass if he had stayed in his cell and if he had followed orders. The assault that

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was taking place on the tier involved the use of deadly weapons, and under AR 405,

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deadly force would have been available to match the force. Ex. G, 405.06. But Defendant

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Featherly was able to use a lower level of force, non-lethal force, to gain control over the

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fighting inmates and restore order and discipline. Ex. B. The extent of the injury inflicted

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on Glass was a laceration and an abrasion. The abrasion came earlier in the incident, and

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was not enough to make Glass comply. The more serious laceration to Glass’ scalp was

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caused by a round not intended for Glass; Glass ran into the line of fire. Ex. A, p. 8. The

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extent of the threat to the safety of staff and inmates was evident in the injuries to the

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other inmates including stab wounds and difficulty breathing. Ex. A, pp. 1-2; Ex. B. The

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efforts made to temper the severity of a forceful response are also shown in the video,

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with measured verbal commands followed by firing a limited number of less-lethal

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rounds. As soon as the inmates complied with order, the use of force concluded. Ex. B.

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Each of the Whitley factors shows the use of force was applied in a good faith effort to

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maintain or restore discipline. Glass cannot show any malicious or sadistic conduct on

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behalf of Defendant Featherly, or direct intent to cause him harm. At best, the record

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shows inadvertence or error, which does not support a claim of cruel and unusual

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punishment. The Court should grant summary judgment on the use of force allegation.

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C.

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The Fourteenth Amendment to the United States Constitution states in relevant

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part no state may “deprive any person of life, liberty or property, without due process of

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law.” “There is no question that an inmate's interest in the funds in his prison account is

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a protected property interest.” Scott v. Angelone, 771 F. Supp. 1064, 1067 (D. Nev. 1991),

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aff'd, 980 F.2d 738 (9th Cir. 1992). What process is due is a question of law suitable for

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decision by the Court on summary judgment. Id. Notice that an action will take place

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pursuant to a regulation or statute is sufficient to fulfill due process. Id. Moreover, the

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Nevada Department of Corrections’ (NDOC) accounting inquiry and inmate grievance

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procedures provide adequate postdeprivation due process. Id. at 1068.

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Fourteenth Amendment Due Process

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The Director of the NDOC is required to “establish by regulation criteria for a

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reasonable deduction from money credited to the account of an offender to ...[r]epay the

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cost of medical examination, diagnosis or treatment for injuries: (1) [i]nflicted by the

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offender upon himself or herself or other offenders.” NRS 209.246(1)(b). NDOC

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Administrative Regulation (AR) 245 addresses inmate medical charges. Exhibit H.

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“Inmates will be charged for the cost for medical examination, diagnosis, or treatment for

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injuries which result from altercations, recreational injuries, or self-inflicted injuries.” Id.

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at 3:245.02(1). Charges include those for services within the NDOC, and for outside

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services including ambulance, hospitalization, and surgery. Id. The NDOC also has an

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Operational Procedure (OP) for Support Services addressing Inmate Health Care

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Charges, SS-0041. Exhibit I. “Inmates will be charged 100% of the examination, diagnosis

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or treatment for injuries, which result from altercations and recreational or self-inflicted

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injuries.” Id. at 8:V. Section V includes details of charges and the grievance process. Id.

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The combination of NRS 209.246, AR 245, and OP SS-0041 gives clear notice that

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medical charges will be paid by inmates involved in altercations, an adequate

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predeprivation protection. See Angelone, supra. Glass was able to use the Accounting

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Inquiry process, Ex. E, and the grievance process. ECF No. 27 at 5, so in addition to the

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predeprivation notice, he received adequate postdeprivation due process. Id. This Court

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can find due process was provided as a matter of law.

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Glass alleges he was assessed restitution of $23,815.74 improperly by Defendant

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Stolk, who was the hearing officer when Glass pleaded guilty to Disobedience related to

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the incident. ECF No. 27 at 5; Ex. D. Additionally, he alleges Defendant Mauro refused to

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reverse the restitution or give any money back. Id. These allegations have no impact on

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the question of law before the Court.

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Additionally, as Defendant Stolk did not order the restitution, he was not

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personally involved and should be dismissed from the instant case. See May v. Enomoto,

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633 F.2d 164, 167 (9th Cir. 1980). Similarly, Defendant Mauro did not order the

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restitution, and simply affirmed the restitution was ordered pursuant to statute,

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regulation, and procedures. Defendant Mauro should be dismissed as well. Id.

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D.

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Under the Eighth Amendment, prison conditions should not “involve the wanton

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and unnecessary infliction of pain” or be “grossly disproportionate to the severity of the

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crime warranting imprisonment.” Rhodes v. Chapman, 452 U.S. 337, 347 (1981).

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Although prison conditions may be, and often are, restrictive and harsh, prison officials

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“must ensure that inmates receive adequate food, clothing, shelter, and medical care, and

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must ‘take reasonable measures to guarantee the safety of the inmates.’” Farmer v.

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Brennan, 511 U.S. 825, 832 (1994) (quoting Hudson v. Palmer, 486 U.S. 517, 526-27

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(1984)).

Eighth Amendment Failure to Protect

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The Eighth Amendment imposes a duty on prison officials to protect inmates from

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violence by other inmates. Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir. 2005). “The

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failure of prison officials to protect inmates from attacks by other inmates may rise to the

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level of an Eighth Amendment violation when: (1) the deprivation alleged is ‘objectively,

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sufficiently serious’ and (2) the prison officials had a ‘sufficiently culpable state of mind,’

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acting with deliberate indifference.” Id., quoting Farmer v. Brennan, 511 U.S. 825, 834

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(1994).

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To establish a violation of this duty, the prisoner must establish that prison

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officials were “deliberately indifferent” to serious threats to the inmate’s safety. Farmer,

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511 U.S. at 834; see also Labatad v. Corrections Corp. of America, 714 F.3d 1155, 1160

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(9th Cir. 2013) (citing Gibson v. County of Washoe, 290 F.3d 1175, 1187 (9th Cir. 2002)).

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Under the deliberate indifference standard, a violation of the Eighth Amendment is only

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found when an objective and subjective component are met. See Farmer, 511 U.S. at 834;

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Labatad, 714F.3d at 1160.

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First, the deprivation must be, objectively, sufficiently serious. Id. When a plaintiff

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claims prison officials failed to take reasonable steps to protect, the plaintiff must show

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that “he is incarcerated under conditions posing a substantial risk of serious harm.” Id.

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Second, the inmate must satisfy the subjective element. This means that the prison

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official must “know of and disregard an excessive risk to inmate health or safety; the

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official must both be aware of facts from which the inference could be drawn that a

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substantial risk of serious harm exists, and he must also draw the inference.” Id. at 837.

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“Mere negligence is not sufficient to establish liability.” Frost v. Agnos, 152 F.3d 1124,

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1128 (9th Cir. 1998). “Liability may only follow if a prison official ‘knows that inmates

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face a substantial risk of serious harm and disregard that risk by failing to take

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reasonable measures to abate it.’” Labatad v. Corrections Corp. of America, 714 F.3d

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1155, 1160 (9th Cir. 2013) (citing Gibson v. County of Washoe, 290 F.3d 1175, 1187 (9th

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Cir. 2002)).

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Here, Glass alleges Defendant Featherly “opened two documented enemies [sic]

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doors at the same time.” ECF No. 27 at 6. Glass further alleges Featherly opened his cell

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door “while a rival gang/race was on the tier.” Id. But Glass cannot show he was at

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substantial risk of serious harm. Glass’ classification records do not include that he had

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any enemies at ESP. See Ex. F. And while Glass had been given notice on November 30,

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2021, that he was being investigated for STG affiliation, he had not been validated. See

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Exhibit J. Glass cannot show that Defendant Featherly knew, or could have known, Glass

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had an enemy in the housing unit, or that Glass considered himself to be a gang member

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with rivals in the housing unit. See ECF NO. 27 at 6. Moreover, Defendant Featherly

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could not have known that when he opened the cell door for Glass’ cellmate to come out

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for a shower, that Glass would exit the cell without permission, choosing to leave the

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safety of his cell, exposing himself to danger, and participating in an altercation. See Ex.

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B.

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E.

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Qualified Immunity
The Defendants were, at all relevant times, government officials performing

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discretionary functions. As such, they are shielded from liability for civil damages here

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pursuant to 42 U.S.C. § 1983, because there is nothing on the face of the Complaint to

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suggest that they violated clearly established statutory or constitutional rights of which a

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reasonable person would have known. Anderson v. Creighton, 483 U.S. 635, 638-9, 107 S.

2

Ct. 3034, 3038 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738

3

(1982); Way v. County of Ventura, 445 F.3d 1157, 1159 (9th Cir. 2006). The doctrine of

4

qualified immunity protects “all but the plainly incompetent or those who knowingly

5

violate the law.” Anderson v. Creighton, supra, at 638.

6

The doctrine of qualified immunity is immunity from suit rather than a mere

7

defense to liability and is effectively lost if a case is erroneously permitted to go to trial.

8

Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). The defense of qualified immunity protects

9

"government officials performing discretionary functions . . . from liability for civil

10

damages insofar as their conduct does not violate clearly established statutory or

11

constitutional rights of which a reasonable person would have known." Harlow v.

12

Fitzgerald, 457 U.S. 800, 818 (1982). Therefore, regardless of whether a constitutional

13

violation occurred, the Defendants should prevail if the right asserted by the Plaintiff was

14

not "clearly established" or the Defendants could have reasonably believed that their

15

particular conduct was lawful. Romero v. Kitsap County, 931 F.2d 624 (9th Cir. 1991).

16

The Plaintiff bears the burden of proof that the right allegedly violated was clearly

17

established at the time of the alleged misconduct. Baker v. Racanscy, 887 F.2d 183, 186

18

(9th Cir. 1989). Only if Plaintiff carries this burden are the Defendants required to show

19

that their conduct was reasonable even though it might have violated constitutional

20

standards. Benigni v. City of Hemut, 879 F.2d 473, 479-480 (9th Cir. 1988).

21

The relevant inquiry then would be an objective fact-specific test. The test is

22

"whether a reasonable government official could have believed that his conduct was

23

lawful, in light of clearly established law and the information he possessed. Thorsted v.

24

Kelly, 858 F.2d 571, 573 (9th Cir. 1988). A reasonable but mistaken belief one's actions

25

are lawful, based on facts or legal authority, entitles a defendant to qualified good faith

26

immunity from damages. Floyd v. Laws, 929 F.2d 1390 (9th Cir. 1991). As noted by the

27

United States Supreme Court in Malley v. Briggs, 475 U.S. 335, 341 (1986), "as the

28

//

Page 13

Case 3:22-cv-00280-CLB Document 45 Filed 01/10/24 Page 14 of 16
1

qualified immunity defense has evolved, it provides ample protection to all but the plainly

2

incompetent or those who knowingly violate the law."

3

Defendant Featherly is entitled to qualified immunity on both of the Eighth

4

Amendment claims in the instant case. Featherly’s actions complied with AR 405 Use of

5

Force and the record shows Glass identified no threats by enemies or gang affiliation to

6

the NDOC staff which should have put Featherly on notice he needed protection.

7

V.

Conclusion

8

Defendants are entitled to summary judgment in their favor as Glass cannot

9

support his claims of Eighth Amendment excessive use of force or failure to protect. Glass

10

received due process through notice by statute and regulation, and through adequate

11

postdeprivation procedures, and the Defendants are entitled to judgment as a matter of

12

law on the Fourteenth Amendment claim. Defendants are also entitled to qualified

13

immunity.

14

DATED this 10th day of January 2024.

15

AARON D. FORD
Attorney General

16
17

By:

18
19

JANET E. TRAUT, Bar No. 8695
Deputy Attorney General
Attorneys for Defendants

20
21
22
23

INDEX OF EXHIBITS

24

Exhibit A

NDOC Incident Report IR-20220ESP-000025

25

Exhibit B

Video of Incident 1-4-2022- Manually Filed

26

Exhibit C

Glass’ Inmate Disciplinary History – Redacted

27

Exhibit D

Glass’ Disciplinary Form II – Offense in Custody # 504263

28

Exhibit E

NDOC Accounting Inquiry

Page 14

Case 3:22-cv-00280-CLB Document 45 Filed 01/10/24 Page 15 of 16
1

Exhibit F

Glass’ Offender Information Summary – Redacted

2

Exhibit G

NDOC AR 405 – Use of Force, effective 11-15-2016

3

Exhibit H

NDOC AR 245 – Inmate Medical Charges, effective 6-18-2018

4

Exhibit I

NDOC OP SS-0041, Inmate Health Care Charges, revised 5-18-2018

5

Exhibit J

NDOC AR 446 – Identification of Inmates Affiliated with Security

6

Threat Groups and Disruptive Groups, effective 1-14-2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 15

Case 3:22-cv-00280-CLB Document 45 Filed 01/10/24 Page 16 of 16
1

CERTIFICATE OF SERVICE

2

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

3

Nevada and that on January 10, 2024, I electronically filed the foregoing, MOTION

4

FOR SUMMARY JUDGMENT, via this Court’s electronic filing system. Parties that

5

are registered with this Court’s electronic filing system will be served electronically. For

6

those parties not registered, service was made by depositing a copy for mailing in the

7

United States Mail, first-class postage prepaid, at Carson City, Nevada, addressed to the

8

following:

9
10
11
12
13

Michael Glass, #1196925
High Desert State Prison
P. O. Box 650
Indian Springs, NV 89070
An employee of the
Office of the Attorney General

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 16

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 1 of 12

EXHIBIT A
NDOC Incident Report IR-20220ESP-000025

EXHIBIT A

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 2 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Referral
Referred By:
Referred Date: 01/07/2022 10:48
Referral Detail: This is being referred due the possibility of policy violations by staff and due to one of the inmates
, 01/28/2022 08:27:07] Emailed AW
being struck with a 40mm projectile in the head. ...[
for a specific reason that this is excessive force on January 12, 2022. No response.
Issue is timed out. Not accepted.

Narrative
On January 4, 2022 an Inmate on Inmate assault occured on the unit 6 A wing tier. Inmate
used an Inmate made weapon to assault Inmate
. Inmate
Michael Glass NDOC # 1196925 failed to follow orders from the Officer's in the unit control room and was struck with
a 40 mm projectile. ...[
, 03/03/2022 17:34:09] Received grievance 2006-31-34802 from I/M Glass
alleging excessive force. IG's office notified.

Offender Involvment
NDOC ID

Offender Name

Participation
Suspect

GLASS, MICHAEL

Participant

Comments:

1196925
Comments:

Victim
Comments:

Staff Involvment
Staff Name
Comment:

Participation
Reporting
Medical

Reports
Report Type Report Detail
INC028
On January 4, 2022 at approximately 1 P.M. medical staff was called to Unit 6 for an altercation
involving multiple inmates. Inmate
was observed to have
a laceration on his forehead and middle of his eyebrow. A laceration on his left cheek, left side of
his top lip. There was also a caceration above his right elbow, Lacerations to his right calf, and
right outer thigh. Puncture wornd to the tip of his right thigh. Lacerations to left pectorial area and
well also complained of pain with breathing. Inmate
was
left chest. Inamte
transported to the local ER via ambulance.Inmate Glass, Michael NDOC # 1196925 was
examing in the Unit 5 and 6's hallway. A large approximately 2-3 inch laceration was observed
on the right posterior side of his head Abrasion from rubber bullet was observed in the left groin
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 1 of 11

NDOC EX. A: 00001

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 3 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
area. Pressure dressing was applied to his head. Inmate Glass was transported to the local ER
via ambulance. Inmate
was observed in the Unit 5 and
6's hallway and in visiting holding. An abrasion from a rubber bullet was observed on his left
lower quadrant to mid. line abdomin under the umbelicus. No further action was required at that
time.Inmates
and
were
examined due to being on the tier when the incident occurred , but were not involved in the
incident. No injuries were state or observed at that time. END OF REPORT
Staff Name
Participation
Reporting
Comment: Responding CERT
Reports
Report Type Report Detail
was working my assigned post on the
USEOF
On January 4th, 2022, I Correctional Officer
Correctional Emergency Response Team (CERT) at Ely State Prison (ESP). At approximately
12:52pm, I responded to a radio call for an Inmate on Inmate assault on the U6 A-Wing. When I
arrived to the U6 A-Wing Sallyport, I observed Inmate
, Inmate GLASS
#1196925, and Inmate
approaching each other on the tier with
weapons. I then began to give multiple verbal commands to the Inmate?s to lay face down on
the ground. Inmates were refusing to comply with orders and chemical agents were applied. I
notified Shift Command that weapons were involved and chemical agents were applied. I then
observed that there was a total of five Inmates on the tier, and I notified Shift Command of that
as well. Once all of the Inmate?s followed orders to lay face down on the ground, CERT
instructed Inmate?s to come to the sallyport one at a time to be restrained. I assisted with
completing pat down searches in the sallyport before moving Inmate?s into the hallway to be
assessed by medical. After completing a pat down search on Inmate
, I was
instructed to escort the Inmate to visiting holding. The Inmate was assessed by medical before
being escorted to visiting holding. Upon arrival to visiting holding, I heard Inmate
tell
Inmate
, located in the first dry cell, ?I got that skinhead.? I
proceeded to place the Inmate into a visiting holding cell. I proceeded to get transport vehicles
ready at the B-Dock. I then assisted with escorting Inmate
onto the ambulance. I
proceeded to stay with Inmate
as he was transported to William Bee Ririe
Hospital (WBRH), where he was sent out via Life Flight. End of report.
Staff Name
Participation
Reporting
Comment: Responding Sergeant

Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 2 of 11

NDOC EX. A: 00002

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 4 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
was working my
USEOF
On January 4, 2022 at approximately 1252, I, Correctional Sergeant
assigned post as Housing Sergeant at Ely State Prison. I received a radio call of level 2
response on the 6A tier. I responded and entered the unit control room to assist. I grabbed the
Mk 46 chemical agent dispenser to provide coverage on the tier. As the other inmates were
being removed from the tier, I observed Inmate
, housed in cell
6A3, jump up in an aggressive manner. I ordered
to get back down on the ground.
did not comply with my order so I deployed an approximately one second burst of
.
then complied and got back
chemical agent that fell short did not strike
down on the ground.
Staff Name
Participation
Reporting
Comment: Unit staff
Reports
Report Type Report Detail
On January 4, 2022 at approximately 12:50 I Correctional Officer
had just come
USEOF
back into the control room of Unit 6 from feeding the B side. As soon as I had sat down Senior
Officer
ran to the A side window, and said fight call it in .I made the radio call, turned
off the water to the A wing and told the porters on the B wing to return to their cell. I then
grabbed a can of the Gas .Looking out onto the tier I saw Inmate
6 A 36
standing in front of 6 A 17 bleeding. I then saw Inmate Glass #1196925 6 A 36 advancing on
Inmate
6 A 3.Inmate
was laying on the ground in front of 6 A 4 at
this time he was being compliant Senior
fired the 40 mm at Glass striking him, he still
continued to advance so I fired a burst of gas at him striking him in back of the head. He refused
to get on the ground even after being told to do so many times. He started to advance again so I
fired another blast of gas, he then stopped. Once Glass stopped Inmate
started to get
up, even after I told him to stay down he refused so I fired the gas at him as well. After that
enough officer arrived and the situation was under control.

Staff Name
Comment:

Participation
Reporting
Responding supervisor

Reports
Report Type Report Detail
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 3 of 11

NDOC EX. A: 00003

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 5 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
INC028
On January 4, 2022 at approximately 1250 I responded to unit 6 for a multiple inmate fight on
the tier. Upon my arrival the fighting had stopped and inmates were being pulled from the tier. I
assisted with over all supervision of the incident and went to the property room with inmate
GLASS 1196925 who was transported to WBR ER via ambulance with no incident.
Staff Name
Participation
Reporting
Comment: Responding CERT
Reports
Report Type Report Detail
On January 4, 2021 at approximately 1250 I Correctional Emergency Response Team (CERT)
INC028
Officer
was working my assigned post at Ely State Prison when a Red Cow 2 was
called over the radio for the unit 6A tier.
I arrived in the sally port a short time after the radio call and I could see three inmates standing
up on the tier in a fighting stance. One inmate was standing in front of cells 5 and 6. I could
positively identify this Inmate as
from working knowledge and having just
used him as my unit porter roughly four minutes prior. The other two inmates were almost right
in front of the sally port door and I could positively identify them as Inmates Glass #1196925 and
Inmate
. Due to working this unit frequently I could also positively identify
had a large amount of blood on his face and a lot of blood
these inmates. Inmate
coming from the upper left side of his upper torso. The 40mm less lethal launch was utilized and
and Glass retreated and laid down in front of cell 17. At this time the order was given
to start removing the inmates from the tier. I was ordered to have the inmates come to the sally
port one at a time and submit to restraints. From my original assessment of the incident I
determined that Inmate
seemed to have the most threating injuries and I signaled for
him to come to the sally port first to be restrained. Once he was restrained he was moved into
the sally port and into the hallway. Glass was the next Inmate off the tier. He was also restrained
was the next person to the sally port and was
and cycled through the sally port.
restrained and cycled from the tier and into the hallway. There was two other inmates that were
left on the tier and it was determined that they were not involved in the incident. The order was
given at this time to make entry onto the tier and restrain these inmates. They were restrained
and then escorted to the shower where unclothed body searches were performed and no
weapons were found. While escorting them to the shower I could see two weapons laying on the
ground in front of cell 17. I moved the weapons from the front of the cell using my foot and had
officer
maintain control of the weapons until they could be photographed and moved to
evidence. At this time I was advised that Glass and
were going to be taken to WBRH
via ambulance. I prepared
for transport and he was taken to WBRH.
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 4 of 11

NDOC EX. A: 00004

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 6 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
it was determined that he had a punctured lung from a
Once the doctor evaluated
stab wound. He received medical attention and was determined that his Injuries would need a
higher level of medical care and that he would need to be taken by life flight to Las Vegas. End
Report. I downloaded video and logged it into evidence.
Staff Name
Comment:

Participation
Reporting
Responding supervisor

Reports
Report Type Report Detail
On January 4th 2022 @ approximately 12:52 on the Unit 6 A tier Inmate
attacked
INC019
Inmate
with an inmate made weapon. Inmate GLASS then ran to assist
deployed the 40 mm projectile launcher striking
. Senior Officer
.
retreated to the far side of the tier.
and GLASS moved to
attack
from multiple angles. Officer
applied two bursts of chemical agent at
GLASS. Officer
deployed the 40 mm projectile launcher striking GLASS. GLASS
retreated near the center tables and squatted.
retreated behind the tables near cell
6-A-4 and laid down on the ground.
retreated to near cell 6-A-17 and laid on
the ground. GLASS then began moving to flank around the far wall as though attempting to
reengage
. Officer
deployed the 40 mm projectile launcher striking GLASS.
GLASS retreated to near cell 6-A-17 and laid on the ground.
started to get up and
Officer
deployed chemical agent towards
. Response staff arrived and
began removing injured inmates off the tier.
jumped up in an aggressive manner.
Sergeant
applied chemical agent in the direction of
. Inmates
and
GLASS were both sent to W.B.R.H,
was a treat and return and GLASS was life
flighted.
Staff Name
Participation
Reporting
Comment: Responding Sergeant
Reports
Report Type Report Detail
On Tuesday January 4, 2022 at approximately 12:50 pm while I Sergeant
was
INC028
working my assigned post as the culinary Sergeant at Ely State Prison. A red cow 2 was called
over the radio for an inmate on inmate assault occurring on the unit 6 a-wing tier. All culinary
inmates were secured in the chow hall and I then responded, upon reaching the unit inmate
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 5 of 11

NDOC EX. A: 00005

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 7 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
who was the victim in the assault was being escorted off of the
tier and into the sally port. After coming out into the hallway I then took over the escort of inmate
and he was escorted to the medical room in the hallway. After being assessed by
needed to be transported to the local hospital
medical it was determined that inmate
by ambulance, therefore I assisted with placing him on the medical gurney and escorting him to
property to be prepared for transport. After arriving to property I then gathered inmate
clothing from him and placed it into evidence bags, it was then brought to the
evidence room and logged into locker #217. End of report
Staff Name
Participation
Reporting
Comment: CERT Sergeant
Reports
Report Type Report Detail
On January 4, 2022 at approximately 12:50 hours I, Correctional Emergency Response Team
INC028
(CERT) Sergeant
was working my assigned duties at Ely State Prison. At
approximately 12:50 hours a red cow 2 (emergency) came over the radio in unit 6A. When I
arrived I noticed an inmate on inmate assault occurred on the unit 6 A wing tier. I assumed the
role of Security Sergeant while my CERT team took inmates off the tier one by one starting with
the most critical victims first. Inmate
was first and taken to
the hallway to get medical attention. Then Inmate Michael Glass NDOC # 1196925 was also
placed into the hallway to see medical. Inmate
came
off next and was seen by medical and then secured into visiting holding by CERT Officers. I then
entered the tier with officers to secure the last 2 inmates that were not involved and officer?s pat
searched and placed them into the lower showers for an unclothed body search. Neither inmate
was involved so they were escorted back to their cell with no force being used. I instructed
to take pictures of 2 inmate made weapons that were recovered where
Senior Officer
inmates
and Glass were laying down that had blood on them. Officer
secured
both weapons and secured them in the evidence vault. I then responded to the hospital to check
the status on both inmates. Inmate Glass was seen by WBRH medical staff and then released.
Inmate
was seen by WBRH medical staff and then transferred to UMC Hospital in Las
Vegas for his injuries. End of report.
While at William Bee Ririe Hospital with victims Michael Glass NDOC # 1196925 and
INC028
spontaneously uttered that
was supposed to shake the
hand of inmate
in truths for
.
Inmate Glass said that both groups have been talking to each other and they thought everything
was ok until
pulled a knife out. Inmate
has been using ?Money Gang?
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 6 of 11

NDOC EX. A: 00006

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 8 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
(unverified STG with NDOC) terms and structure during each of his previous assaults. This is a
. This is an ongoing investigation
clear retaliation for
by inmate
to complete the Security Threat Assessment on this group known as Money Gang.
Participation
Staff Name
Reporting
Comment: Responding Officer
Reports
Report Type Report Detail
On January 4, 2022, I correctional officer
, was working my assigned post search and
INC028
escort at Ely state prison. There was a call on the handheld radio, ?fight in unit 6?. I responded
to unit 6, and when I arrived, I was instructed to stay with I/M (inmate) Glass #1196925. After
medical was finished evaluating i/m Glass, I was told to escort him to the property room to be
prepped for the ambulance. Once I arrived to the property room, I provided watch of inmate
Glass until the CERT guards relieved me. EOR
Participation
Staff Name
Reporting
Comment: CERT Senior
Reports
Report Type Report Detail
was working my assigned post on
On January 1, 2022, I Senior Correctional Officer
INC028
the Correctional Emergency Response Team (CERT) at Ely State Prison (ESP). At
approximately 1250 I responded to a radio call for an Inmate on Inmate assault on the U6 AWing. When I arrived to the U6 A-Wing Sallyport, I observed Inmate
,
Inmate GLASS #1196925, and Inmate
approaching each other on the
tier. I then began to give multiple verbal commands to the Inmates to get down on the ground.
Inmates were refusing to comply with orders and chemical agents were applied. Shift Command
was notified that weapons were involved and chemical agents were deployed. I then observed
that there was a total of five Inmates on the tier. Once all of the Inmates followed orders to lay
face down on the ground, CERT instructed Inmates to come to the sallyport one at a time to be
restrained. All Inmates were assessed by medical. Transport vehicles were moved B-Dock. I
then assisted with escorting Inmate GLASS into the ambulance. I proceeded to stay with Inmate
GLASS as he was transported to William Bee Ririe Hospital (WBRH), End of report.
Staff Name

Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Participation
Reporting
Page 7 of 11

NDOC EX. A: 00007

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 9 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Comment:

Responding staff

Reports
Report Type Report Detail
responded in a multiple inmate on
INC028
On January 4th, 2022 I Senior Correctional Officer
inmate fight with weapons on 6A tier. I had taken control of two Inmate made weapons at
approximately 1307 hrs. I had photographed and placed weapons in evidence boxes and
secured them in evidence vault locker number 221 at approximately 1354 hrs. Weapons stayed
in my control the entire time..
End Of Report
Staff Name
Comment:

Participation
Reporting
Unit Senior Officer

Reports
Report Type Report Detail
On January 4, 2022 I Senior Correctional Officer
was working my assigned
USEOF
post as the Unit 6 Senior bubble officer. We had just finished feeding the 6A tier and had begun
picking up trays with the unit porters
out of cell 6A 19 and
of cell 6A3. At approximately 12:50 the unit porter Glass (1196925) from cell
6A36 asked if he could take a shower. After opening cell 6A36 I did not see
Glasses cellmate get in-between the door to prevent it from closing all the way. Glass then
made his way across the top tier towards 6A48 and began heading down the stairs, at
approximately the 3rd step from the bottom I observed
physically attacking Glass with
running across the top
what I believed to be an inmate made weapon. I then observed
tier and heading toward Glass and
. I immediately grabbed the 40mm and went to the
middle bubble window on the 6A tier. I began giving loud and clear verbal warnings for all
inmates on the tier to get on the ground,
and
got face down in front of cell
6A24. With the other three inmates ignoring my verbal order I then fired one round with the
40mm striking
in the lower extremities which caused him to run to the other side of the
tier in front of cell 6A3 and 4. Glass and
both began to advance on
as I
continued to give verbal orders to get on the ground, both
and Glass again ignored my
orders and I fired another HV round from the 40mm aiming at lower extremities but missed both
inmates. They continued to advance towards
who still had an inmate weapon in his
hand, so I again gave a verbal order for all inmates to get on the ground and again the inmates
ignored my command so I fired another HV round towards
aiming at his lower
extremities. However Glass stepped in the way and the HV round struck him in the back of the
head, after the round struck him both Glass and
retreated back towards cell 6A16 and
17 and
laid face down in between cells 6A3 and 4.
then laid face down in
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 8 of 11

NDOC EX. A: 00008

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 10 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
front of cell 6A17 but Glass still refused to remain on the ground. I gave another verbal
command for Glass to get on the ground but again he ignored my order so I fired another HV
round aiming at and striking him in the lower extremities at which time he complied and got face
down in front of cell 6A17. At this time CERT and Shift Command were in my 6A sallyport and
began giving verbal commands to the inmates on the tier to come to the sallyport. Verbal
Glass and
to one at time stand
commands were given from the sallyport to
and walk towards the sallyport where they were restrained and taken into the hallway where
medical was waiting to examine them for injuries. Medical then determined that an ambulance
while
was taken to visiting holding.
was needed for both Glass and
and
who still remained on the tier face down next to cell 6A24 were given verbal orders
to remain on the tier until the officers in the sallyport were able to enter the tier restrain them and
place them in the bottom tier showers, where they remained until it was determined that they
were not involved and taken back to their cell 6A19. I was then given an IR number and
instructed to begin my report of the incident. ...[
, 04/25/2022 12:02:15] Upon
further review of the cameras for the incedent accuring on January 4, 2022 inmate Glass
#1196925 was originally misidentified as inmate
and Inmate
misidentified as inmate Glass #1196925.
Staff Name
Participation
Reporting
Comment: Evidence
Reports
Report Type Report Detail
On January 04, 2022 I, Correctional Assistant
was working my assigned post at
INC028
Ely State Prison (ESP) in Investigations. I was made aware of an inmate on inmate fight on the
Unit 6- A tier. Senior Correctional Officer (SC/O)
did come to the Investigations Office
with two inmate made weapons within two weapons evidence boxes. I did witness Inspector
General (IG)
take still photos of these two inmate made weapons in the
presence of SC/O
I did then download these ten (10) still photos and placed them onto
two (2) CD/DVD's and labeled them. One of these DVD's I gave to Sergeant (Sgt.)
for the
incident file. The second CD/DVD I did seal in a CD/DVD sleeve with evidence tape and signed
across. I then placed this CD/ DVD it into the DVD evidence box within the ESP evidence vault
at Ely State Prison on January 04, 2022 at 4:30pm. End of Report.
Staff Name
Participation
Reporting
Comment: Responding staff

Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 9 of 11

NDOC EX. A: 00009

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 11 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
was working my assigned post in
INC028
On January 4th, 2022, I Senior Correctional Officer
unit 7 at Ely State Prison (ESP). At approximately 12:52 pm, I responded to a radio call for an
Inmate on Inmate assault on the U6 A-Wing. When I arrived, the inmates that was apart of the
incident, later identified as inmates
, Inmate GLASS #1196925, and Inmate
was taken off the tier. I was instructed to go on tier and secure the 2
inmates that weren't involved in the incident. Once the inmates were secure they was placed
back into their correct housing location and I was instructed to look for any potential evidence left
on the tier. End of report.
Staff Name
Participation
Reporting
Comment: Responding CERT
Reports
Report Type Report Detail
On January 4th, 2022, I Correctional Officer
was working my assigned post on the
USEOF
Correctional Emergency Response Team (CERT) at Ely State Prison (ESP). At approximately
12:52pm, I responded to a radio call for an Inmate on Inmate assault on the U6 A-Wing. When I
arrived to the U6 A-Wing Sally port, I observed Inmate GLASS #1196925, and Inmate
approaching
on the tier all Inmate sheathing
weapons. I gave a command to the Inmates to get on the ground. Inmates were refusing to
comply and were beginning to close the distance towards each other. I applied Chemical Agents
(MK09) in the vicinity of Inmate GLASS and the 40MM was also deployed from the Unit Control
Room. All 3 Inmate involved dispersed out on the tier and were now laying on their stomachs.
CERT pointed out 1 Inmate at a time, victims first to the outside of the Sally port to be restrained.
Orders were given to Inmate
to stand up and come to the Sally port where he was
cycled through and patted down before going to the Unit Hallway to be assessed by Medical.
Inmate GLASS was pulled off the tier next patted down and escorted in the Hallway where he
to the sally port where he was
was evaluated by Medical. I ordered Inmate
restrained. Once in the sally port he was patted down and I was ordered to remain with Inmate
and assist escorting him to Hallway. I escorted Inmate
on the far side of
the Hallway away from the other Inmates. Inmate
refused medical and we were
instructed to place Inmate
to a Visiting Holding Cell. While in Visiting holding Inmate
was talking to another Inmate
and was
saying ?I got me a skinhead, I got me an ONS (Outlaw Nazi Skinhead).? To him. Inmate
was yelling out the door, but I couldn?t understand what he
was saying back. I secured Inmate
in a cell and left to Main Control to grab keys for a
state vehicle for transportation on Inmates
and GLASS to William Bee Rire
Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 10 of 11

NDOC EX. A: 00010

Case 3:22-cv-00280-CLB Document 45-1 Filed 01/10/24 Page 12 of 12

State of Nevada
Department of Corrections
Investigation Detail Report
For: AG Office
Investigation
Investigator:
Assigned Date:
Report Due Date:
Disposition Date:

IR Number:
Occurrence Date:
IA Number:
Institution:

IR-2022-ESP-000025
01/04/2022
IAESP

Staff Involvment
Reports
Report Type Report Detail
Hospital. Inmate GLASS was treated and returned back to ESP, Inmate
life flighted to a Hospital out in Las Vegas. End of Report
Staff Name
Participation
Reporting
Comment: Responding staff

had to be

Reports
Report Type Report Detail
was working my
INC028
On January 4th, 2022 at Ely State Prison, I Correctional Officer
assigned post (for that moment) in unit 2, as floor officer. At approximately 12:50PM, I was
picking up food trays and I heard an emergency call over the radio frequency about an incident
in unit 6. As I approached unit 6 hallway I was informed by LT.
to assist with inmate
took him to be evaluated by
so myself and SGT.
medical. I then assisted SGT.
with putting inmate
on the emergency
stretcher, once the inmate was secured on the stretcher, myself, SGT.
and the medical
staff escorting inmate
to property. End of report.
Staff Name
Participation
Reporting
Comment: Responding Officer

Report Name: AGIDR
Reference Name: NOTIS-RPT-OR-0248
Run Date: MAY-23-23 08:32 AM

Page 11 of 11

NDOC EX. A: 00011

Case 3:22-cv-00280-CLB Document 45-2 Filed 01/10/24 Page 1 of 2

EXHIBIT B
Video of Incident 1-4-2022

EXHIBIT B

Case 3:22-cv-00280-CLB Document 45-2 Filed 01/10/24 Page 2 of 2

\i:

D,v!)
\r

- tll r

_

tI

\t'--

rl

rl---''a --

a

(D

(D O

a

v.

e

I

,r

a

Exhibit

o'
ttn
0),
a

B

NDOC Ex B 0001
J

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 1 of 6

EXHIBIT C
Glass’ Inmate Disciplinary History – Redacted

EXHIBIT C

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 2 of 6

NDOC EX. C: 00001

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 3 of 6

NDOC EX. C: 00002

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 4 of 6

NDOC EX. C: 00003

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 5 of 6

NDOC EX. C: 00004

Case 3:22-cv-00280-CLB Document 45-3 Filed 01/10/24 Page 6 of 6

NDOC EX. C: 00005

Case 3:22-cv-00280-CLB Document 45-4 Filed 01/10/24 Page 1 of 2

EXHIBIT D
Glass’ Disciplinary Form II – Offense in Custody # 504263

EXHIBIT D

Case 3:22-cv-00280-CLB Document 45-4 Filed 01/10/24 Page 2 of 2

State of Nevada
Department of Corrections
DISCIPLINARY FORM II
SUMMARY OF HEARING OFFICER'S INQUIRY AND DISPOSITION

_________________________________________________________________________________________
INMATE INFORMATION
INMATE NAME:

HEARING INFORMATION

GLASS, MICHAEL 1196925

CURRENT LOCATION:
OIC#: 504263

DATE OF HEARING:

IR#: IR 2022-ESP-000025

WAIVE PREPARATION: N

03/03/2022

NAME OF HEARING OFFICER:

HDSP-U4-D-11-A; : ;NC

STOLK, MICHAEL

DATE OF SERVICE OF NOTICE OF CHARGES:

WAIVE HEARING: N

08:21 am

TIME OF HEARING:

REFUSE TO SIGN:

02/09/2022
N

IF LATE, PROVIDE EXPLAINATION OF EXCEPTIONAL CIRCUMSTANCE
COVID/Staffing
CHARGES
Chrg

Description

Plea

G1

Disobedience

Guilty
PRELIMINARY STATEMENT OF OFFENDER

None at this time.
PRELIMINARY INSTITUTION PRESENTATION
Staff reports that named inmate was disobediant to orders.
PRELIMINARY HEARING OFFICER ACTION
Chrg

Description

G1

Disobedience

RChrg
G1

Description

Finding

Disobedience

Guilty

RESULTS OF INFORMAL SUMMARY HEARING
Line Description
1

Mths

Days Eff. Date

Loss Of Canteen Privilege

10

End Date

SSL Rest. Act Penalty Comment

03/07/2022 03/17/2022

EVIDENCE RELIED ON FOR PRELIMINARY HEARING
Date

UserName

Statement

03/03/2022 Stolk

Staff Report.
ADVISEMENT TO DISCIPLINARY COMMITTEE

Counsel Substitute Requested:
Witness Decision Justification:

Name of Counsel Substitute:
WITNESS INFORMATION
Inmate was asked and declined at this time.

Name

NDOC/ID#

SIGNATURES AND RECEIPT
DATE OF SERVICE: _______________

Decision

Reason

Table

DISTRIBUTION

TIME OF SERVICE: ___________

PRINTED NAME OF HEARING OFFICER____________________________
SIGNATURE OF HEARING OFFICER ______________________________
SIGNATURE OF INMATE ________________________________________

Primary Hearing Officer (Original)
Charging employee (Copy)
Inmate (Copy)

(Signature indicates receipt only. It is not a plea; refusal to sign should be noted)

Report Name: NVRSID
Reference Name: NOTIS-RPT-OR-0062.10

Run Date:
OCT-18-22 05:19 PM
DOC Form 3018 Page 1 of 1

NDOC EX. D: 00001

Case 3:22-cv-00280-CLB Document 45-5 Filed 01/10/24 Page 1 of 2

EXHIBIT E
NDOC Accounting Inquiry

EXHIBIT E

Case 3:22-cv-00280-CLB Document 45-5 Filed 01/10/24 Page 2 of 2

ACCOUNTING INQUIRY
INMATE SERVICES _ CENTRAL ADMINISTRATION
lnstitution/Facility

lnmate'Name

i{_

(Last, First, Middte

In'.tig.?

lnmate Number

.tit

Date Concern Occurred
not be acted upon)

:-

c-'

DollzJi Amount

tt

lnvolved $

(Per AR 201, incidents otder than 90 da vsiwill
.I'
'

,i't'

'1,'

Postinq (other than deposit or pavroll)
Trust

Acct._

Trust 2

Dept.

K

Charg".

Dept._

Savings Acct.

_

Deposit
Deposit Receipt Date

Pavroll

Sender

Question
to outside partv

Pay Period in

Check

Brass,Slip

#

lnstitution/Facility

_

"'i'
payee

ck#
(if known)

Othei (see AR 201)
B riefly ilescribe the concern and attach any information, which will properly identify the
situation
U

additionalsheets if

4

F

."lt

t-

s
,/€'
..l

lnmate Signature and Number

Date

Caseworker or Other Authorized
(lnquiry will be returned if not signed by caseworker or other

1.-

Date
personf
I

Responsq From lnmate Services

- CentralAdministration

4

{

Original & one copy to lnmate Services, Copy to lnmate
DOC s44 (4t04)

NDOC EX. E: 00001

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 1 of 10

EXHIBIT F
Glass’ Offender Information Summary – Redacted

EXHIBIT F

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 2 of 10

NDOC EX. F: 00001

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 3 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

05/01/2018

HLD_DTN

CSS / WEX

San Joaquin County Jail (CA)

04/26/2018

HLD_DTN

FEL / WEX

WCSO

02/29/2016

PRI_FEL

OJD / OTH_JD

CA

299 Burglary, (1st)

02/05/2016

02/29/2016

PRI_FEL

OJD / OTH_JD

CA

299 Burglary, (1st)

02/05/2016

- CASE NOTES 04/25/2018 - 12:23 [PREA / PREA Education]: PREA Intake Education completed. Inmate acknowledged understanding of how to
report PREA
04/25/2018 - 12:23 [PREA / PREA Intake Assessment]: PREA Intake Assessment completed.
04/25/2018 - 12:23 [General Case Notes / Reception Review]: NNCC: Inmate received as Washoe County New Commit. Inmate
claims no CMS, no STG. No emergent medical needs. Inmate cleared for cellmate and intake process.
04/26/2018 - 01:45 [Program / Program Risk Assessment]: K4/25/18:
; administered the NRAS( PIT) Prison Intake Tool
with IM MICHAEL GLASS # 1196925
Final Risk Level:16 MODERATE
Age (0 = 24+); (1 = 18-23):1
Criminal History: 5 MED
Education, Employment & Financial Situation:5 MED
Family & Social Support: 3 MED
Criminal Attitudes & Behavioral Patterns: 2 LOW
04/26/2018 - 02:16 [Holds and Detainers / Holds and Detainers]: Rec'vd and posted (F) hold from Washoe County SO (NV) for case
#17SCR01135A (Burglary X2, Consp Burglary) Detainer indicates Sparks Justice court date on 05/28/2018 @ 1530. Contact is
Wendy Bloom at 775-328-2940.
05/01/2018 - 11:24 [Holds and Detainers / Holds and Detainers]: Rec'vd and did not post hold from Sacramento Co SO (CA) for OCA
#17FE014552 Warrant #SA03284779 (Burglary). Document rec'vd is a tele type, and indicates (CA) pickup only. Contact is at 916874-5467
05/01/2018 - 02:32 [Holds and Detainers / Holds and Detainers]: Rec'vd and posted (F) hold from Stockton PD (CA) for Case #CR2017-0007610 (Murder, Felon in Poss of a Firearm). No Bail.
Document rec'vd is a warrant. Confirmed with warrants, they will extradite on completion of the NDOC sentence. Contact is 209-9378245
...[
updated the case note on 06/15/2018 06:59:09] Initiated IAD process to include forwarding IAD Forms I, II, III and IV to
CCSI Moses , HDC/ NNCC, for the inmate's review and signature.
DO NOT TRANSFER THE INMATE UNTIL THE IAD PROCESS IS COMPLETED.
...[
updated the case note on 09/10/2019 11:00:43]
Amended to:
(CS) hold from San Joaquin County Jail (CA) for Case #CR-2017-0007610, CR-2018-13310 after receiving Abstract Judgment
indicating sentenced 05/28/2019 to a total of 7 years 8 months consecutive to NV sentence. Contact is [phone]
05/03/2018 - 10:04 [PREA / PREA 30-day Follow-up Assessment]: PREA 30 day follow up complete
05/03/2018 - 11:06 [Classification / Initial]: NNCC 23 year old 1st termer Washoe County New Commit. Serving 48 to 180 months for
Trafficking C/S (B) CTS 286 CC to 36 to 120 months for Burglary (B) CTS 286 CS to 36 to 120 months for Burglary (B) CTS 0. PED
07/05/21. EXP 03/12/25. Not eligible MIN/CT/184 TFR, (F) Holds and Casework needed on Case #CR20140005911. Police report
needed to determine if there was an IDV. No 317 # of felonies. No STG/CMS/ESC. Holds, (F) hold from Washoe County SO (NV) for
Case #17SCR01135A (Burglary X2, Consp Burglary) Detainer indicates Sparks Justice court date on 05/28/2018 @ 1530 and (F) hold
from Stockton PD (CA) for Case #CR-2017-0007610 (Murder, Felon in Poss of a Firearm). No Bail. Document received is a warrant.
Confirmed with warrants, they will extradite on completion of the NDOC sentence. T Alert in Place.
Education 12th. Religion Christian. Drug of choice Meth. Has No ID in file. CMTE rec NNCC/CLOSE/AD SEG due to T Alert and High
updated the case note on 05/07/2018 09:37:50] Agree with recommendation. AWP
, CCSII
RFS ..
...
updated the case note on 05/10/2018 09:54:25] Approved Close/NNCC/RFS. Active T alert noted. No Minimum/CT/184

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 2 of 9

NDOC EX. F: 00002

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 4 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES - Felony holds and T/F release. No 317 # of fels.
05/07/2018 - 09:41 [Classification / Due Process]: AdSeg Due Process. Inmate seen for his administrative segregation due process
hearing. I/M waived 24 hour notice. I/M placed in administrative segregation post intake as the inmate might have conflict with housing
GP at NNCC until his transfer to another institution/facility. STG- None. I/M placed in Ad-Seg due to high RFS. I/M did not request
counsel or staff assistance. I/M did not present any witnesses or written statements pertaining to his case. Inmate is advised that he
will be in administrative segregation pending reclassification for other housing location. He was advised that he would be receiving
CCSII, C/O
...[
updated the case
monthly adseg reviews at which time his status would be updated. CMTE
note on 05/08/2018 14:18:55] agree with RX NNCC/Close High RFS
05/18/2018 - 03:07 [General Case Notes / General Case Note]: Received kites from both 1196925 Glass and
requesting to be cellmates. Approved.
06/11/2018 - 12:05 [Holds and Detainers / Holds and Detainers]: Inactivated (F) hold from Washoe County SO (NV) for case
#17SCR01135A after receiving drop hold request from WCSO indicating case dismissed.
07/26/2018 - 08:51 [Holds and Detainers / Holds and Detainers]: Rec'vd signed IAD forms I and II, also rec'vd forms III and IV from
CCSII Hicks-Moses for San Joaquin County (CA). Forwarded forms II,III and IV to:
Trina Gibson Carson City AG's office
Victoria Verber DA's office San Joaquin County (CA) - Sent Certified Receipt.
Superior Court Clerk, San Joaquin County (CA) - Sent Certified Receipt.
08/03/2018 - 02:58 [Holds and Detainers / Holds and Detainers]: Rec'vd signed IAD certified receipt from Victoria Verber DA's office
San Joaquin County (CA), dated 07/30/2018
Rec'vd signed IAD certified receipt from Superior Court Clerk, San Joaquin County (CA), dated 07/30/2018
08/06/2018 - 08:34 [General Case Notes / General Case Note]: Received signed kite from inmates 1196925 Glass and
requesting to be cellmates. Approved
08/29/2018 - 08:27 [General Case Notes / General Case Note]: Received signed kite from inmates 1196925 Glass and
requesting to be cellmates. Approved
10/12/2018 - 07:21 [Holds and Detainers / Holds and Detainers]: Rec'vd IAD Forms VI & VII from San Joaquin County DA's Office
(CA) for inmate pickup on 10/17/2018. Pickup will be by Investigor Kari Locaso contact 209 684-2886 and Alex Kalinin contact at 209
406-1327. All documents are in order. All notifications completed. Proposed and scheduled inmate movement from NNCC to OSC for
10/17/2018 between 1200 and 1400. The following documents were faxed to
CCSII
HDC/NNCC, CCSII
and CCSII
Pre-Release/NNCC
IAD Form VI
IAD Form VII
IAD Release Notification
IAD Detainer to the Jail - DO NOT RELEASE NDOC INMATE.
...[
updated the case note on 10/17/2018 08:07:15]
Pick Up rescheduled for 10/18/2018
10/12/2018 - 02:13 [General Case Notes / Exit Review]: NNCC: Exit Packet completed for IAD Transfer to San Joaquin County DA's
Office (CA) for inmate pickup on 10/17/2018. Do not release memo, photocopies of fingerprints, JOC, PSI enclosed in packet. Pickup
will be by Investigor Kari Locaso contact 209 684-2886 and Alex Kalinin contact at 209 406-1327.
03/19/2019 - 09:21 [General Case Notes / General Case Note]: Status check on Nevada OSC Inmate currently housed in the San
Joaquin County Jail CA. Under the name Aysonglass, Michael Brandon Booking #18-20005.
09/10/2019 - 11:02 [Holds and Detainers / Holds and Detainers]: Inmate Glass is scheduled to be returned from his IAD from San
Joaquin County (CA) on September 16, 2019 between 0900 -1000
to NNCC by Investigators Gary Castillo (cell #: 209-395-9368) and Larry Fluty (cell #: 209-395-9364). Inmate was picked up on
10/18/2018
and has been gone over 90 days, will have to be Re-Intaked.
09/16/2019 - 12:44 [General Case Notes / Reception Review]: NNCC-I/m received as return from IAD from San Joaquin County Jail.
I/m states time was sentenced CC. CCS II
09/16/2019 - 01:57 [PREA / PREA Education]: PREA Intake Education completed. Inmate acknowledged understanding of how to
report PREA and provided PREA brochure.
09/16/2019 - 01:57 [PREA / PREA Transfer Assessment]: PREA Transfer Assessment completed. Inmate notified how to report
PREA at NNCC.

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 3 of 9

NDOC EX. F: 00003

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 5 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES 09/26/2019 - 11:41 [PREA / PREA 30-day Follow-up Assessment]: PREA 30-day follow-up completed, DOC 209-6 Comprehensive
Education acknowledged and signed.
09/27/2019 - 10:01 [Classification / Initial]: NNCC 25 year old 1st Termer IAD Return. Serving 48 to 180 months for Trafficking
Controlled Substance (B), with 286 cts. CC to 36 to 120 months for Burglary (B), with 286 cts. CS to 36 to 120 months for Burglary (B),
with 0 cts. PED 7-5-21. EXP 6-3-25. Not Eligible for Minimum/CT/184/317 due to Time Frame Release and (F) hold. Disposition
from IAD (F) hold from Stockton PD (CA) for Case #CR-2017-0007610 (Murder, Felon in Poss of a Firearm) has not been sent to
NDOC. No CMS/STG/Escapes.
. Education 12th Grade. Religion Christian. No military history.
Drug of choice is . No identification in I-file. CMTE Recommends WSCC/Med/GP. ...
updated the case note on
09/30/2019 10:48:54] agree with Rx WSCC/Med. No Min due to pending JOC from California. Original Charge was Murder. Comte
CCS II
PO
...[
updated the case note on 10/08/2019 09:08:13] Approved
CCS III
Medium/WSCC/GP. No Minimum/184: T/F release, has CS CA case, and needs casework for resulting charge in CA (F) case
(arresting charge murder, but only has a 7 year CS sentence - might be a lessor offense). No 317: # felony convictions.
10/11/2019 - 01:56 [General Case Notes / Reception Review]: WSCC: IM received from NNCC for GP. IM claims no issues with any
other IMs or staff at WSCC no enemies to declare nothing preventing GP. CMS=none
STG=none
Religion=Christian Mil hx=none Edu=11th grade per PSI ID=none in file. IM received WSCC caseworker orientation sheet, law library
orientation sheet and orientation handbook. IM has no questions or concerns at this time. Assigned to Education. Ok for GP.
Cmte: CCSI
SC/O
, C/O
10/11/2019 - 01:59 [PREA / PREA Intake Assessment]: WSCC: PREA Risk Assessment (DOC 2097) Transfer complete. No PREA
alert needs to be entered. IM watched a comprehensive 15-minute PREA educational video, signed (DOC 2096-2) placed in I-file,
and was given a PREA Education and Information Sheet.
11/01/2019 - 08:26 [PREA / PREA 30-day Follow-up Assessment]: WSCC: Inmate reported no changes to the Initial (transfer)
assessment per PREA standard 115.41.
12/27/2019 - 12:54 [Vital Statistics / Birth Cert VR note]: WSCC: Inmate signed and ACCEPTED NDOC help in obtaining a BC/app
sent to inmate - signed acceptance acknowledgment placed in I-file.
01/06/2020 - 08:31 [General Case Notes / Interdisciplinary]: WSCC: L2 for 60 days per DH 1/2/20
02/24/2020 - 10:24 [Vital Statistics / SSN VR note]: WSCC: IM received SSC app
03/18/2020 - 09:21 [Classification / Re-Classification (Per)]: WSCC: Re-class(Per)/IM was present. RFS=24. No minimum, CA (F)
Hold. Serving 48-180 months for Trafficking Con Sub cc 36-120 months for Burglary cs 36-120 months for Burglary. PED: 7/5/21
MPR: cs pending PEXD: 5/25/25 NOK:
Edu: GED
OIC: last 11/19/19 MJ54 Holds: CA (F) Hold No: CMS/ESC/STG/Military/Foster Care/Diet.
Alerts:none Assign: unassigned Programs: GED
US Citizen: yes Faith: Christian ID: none in I-file. Status of ID is
correct under personal information. Selective service required as inmate is under the age of 26. JOC compared to sentence structure.
NOTIS photo matches. Inmate expressed no concerns.
Currently med/WSCC. Rx=No Change
...[
updated the case note on 03/18/2020 16:24:28] Agree with Rx. No change. No minimum due to Felony hold out of CA
for consecutive sentence.
05/12/2020 - 08:29 [Grievance / Grievance]: Returned and signed GR: 20063100268, informal. I/m agrees.
J4 forwarded to WSCC grievance coord.
07/14/2020 - 01:15 [Grievance / Grievance]: Returned and signed GR: 20063104449, informal, improper. I/m agrees.
CCS offered additional GR forms as needed.
J4 forwarded to WSCC grievance coord.
09/14/2020 - 07:30 [Classification / Re-Classification (Per)]: WSCC: Periodic/present. RFS=21. No Min=RFS, TFR and (F) Hold.
Req OR to remain Medium. Serving 48-180 months for Trafficking Cont Subst; CC 36-120 months for Burglary; CS pending of 36120 months for Burglary. PED-7/5/21, PEXD-6/19/25. Last guilty OIC 11/19/19 MJ54, has pending MJ 24. Holds-CA (F). No CMS,
ESC, STG noted.
Edu-claims GED. Assign-None. Programs-GED. ID-None in I-file. Sentence
structure verified. I/m verified NOK contact info is current and had no concerns. Housed WSCC/med/level 1. Rx: No change.
...[
updated the case note on 09/15/2020 15:44:27] Agree with Rx. No change. No minimum due hold for felony consecutive
CA sentence.
12/30/2020 - 03:26 [Sentence Management / Sentence Management]: Recv'd and posted Stat loss WSCC, OIC 484828, 08/17/20, 30

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 4 of 9

NDOC EX. F: 00004

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 6 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES total
PEXD was 01/02/2023 and now is 01/17/2023 with case CR17-2006 cnt 2
PEXD was 07/10/2025 and now is 07/25/2025 with case CR17-2006 cnt 1
02/25/2021 - 10:25 [Parole Progress Report / Inmate Statement About Offense]: Glass is a 26 year old 1st termer Washoe County new
commit serving 48 to 180 months for Trafficking Controlled Substance concurrent 36 to 120 months for Burglary consecutive sentence
pending 36 to 120 months for Burglary, appearing before the Parole Board Commissioners for a Parole Eligibility Date of 07/05/2021.
Per the PSI, his criminal history began in March 2014 which includes arrest/convictions for multiple poss cont sub, manufacture leaded
billy, resist peace officer r/SBH, disorderly conduct, theft, receive stolen property and multiple burglaries. In addition to the instant
offenses, he has been convicted of eight misdemeanors, five felonies and no Parole or Probation Revocation.
02/25/2021 - 10:25 [Parole Progress Report / Institutional Adjustment]: WSCC: Inmate Glass is Medium Custody at Warm Springs
Correctional Center and is not eligible for Minimum Custody due to the provisions of AR 521; California (F) Hold, sentenced to 7years
8 months consecutive to NDOC. He has not completed any programs addressing behaviors that contributed to his incarceration. He
has three guilty oic within the past year, two major oic unresolved at time of report and has not spent any time in segregation.
02/25/2021 - 10:26 [Parole Progress Report / Work and/or Education Performance]: WSCC: Per the PSI, Inmate Glass dropped out of
the 12th grade and did not graduate from high school. He was employed 8 months prior to the instant offense. He earned his GED at
WSCC through CAHS January 2020. He is currently unassigned and not earning work credits. He has past work experience as a
plumber and carpenter. If parole is granted, he will parole to his consecutive NDOC sentence.
02/25/2021 - 10:26 [Parole Progress Report / Community Supervision Needs]: WSCC: Per the PSI, Inmate Glass reported daily use of
marijuana and methamphetamine prior to the instant offense. Per NOTIS Health Classification and Restrictions; he does not have any
mental health restrictions
He was placed in a 90 day
outpatient program in California however he did not complete it. If parole is granted, he will parole to his consecutive NDOC sentence.
02/25/2021 - 10:27 [Parole Progress Report / Additional Comments]: WSCC: Inmate Glass will reserve additional comments for when
he sees the board.
03/16/2021 - 02:32 [Classification / Re-Classification (Per)]: WSCC: Re-class(Per)/IM not present due to COVID. RFS=23. No
minimum due to RFS, TFR & (F) Hold. Request 7pt OR to remain Medium Custody. Serving 48 to 180 months for Trafficking Con
Edu:GED No:
Sub cc 36 to 120 months for Burglary cs 36 to 120 months for Burglary. PED:7/5/21 PEXD:8/4/25 NOK
ESC/STG/Military/Foster Care/Diet/Alerts/Holds. CMS:NNCC
OIC:last 8/17/20 MJ53 (has 2 major oic pending) Det:(F) Hold San Joaquin Co. CA
Assign:porter Programs:none
US Citizen:yes Faith:Christian ID:none in I-file. IM advised to kite caseworker with
any questions or concerns.
Currently med/WSCC. Rx=No Change
...[
updated the case note on 03/16/2021 15:02:33] Agree with Rx. No change. No minimum due to Time frame release and
Risk factor score.
03/25/2021 - 10:57 [Parole / Parole Board Notification]: WSCC: IM signed notice of hearing to appear before the Parole Board on April
7th, 2021 beginning at 1:00 pm.
04/05/2021 - 07:34 [General Case Notes / Administrative Segregation Review]: WSCC: Ad-seg review: I/m seen at the door. Inmate
has DS until 4/16/2021 for a MJ54. Inmate is pending no OIC at this time. Inmate is time cut eligible due to no OIC. Inmate has not
been a management problem since placed in ad seg. Inmate can house GP , talked to CCS 2
and he agrees time cut should
be granted. Inmate states that he will be fine to go back to GP and there will be no issues. He sees board soon and wants to do this
time and stay out of trouble. Inmate will be placed in GP once there is an available bed.
Rx: WSCC/MED/GP
CMTE: CCS
, SC/O
...[
updated the case note on 04/05/2021 11:32:58] Agree with Rx.
04/07/2021 - 01:21 [Parole / Parole Board Hearing]: WSCC: IM seen by Parole Board Commissioner
and
on
this date. Results to follow in 2-3 weeks. 0 supporters present.
04/14/2021 - 02:38 [Classification / Due Process]: WSCC: On 4/14/2021 Inmate signed Notice of Classification Hearing form DOC
2003. Inmate placed into Administrative Segregation pending investigation and pending MJ26. Hearing is scheduled for 04/19/20, time
to be determined . ...
updated the case note on 04/19/2021 09:13:32] WSCC: AdSeg Due Process. Inmate signed Notice
of Classification Hearing form DOC 2003. Inmate seen for his administrative segregation due process hearing. Inmate did not request
counsel or staff assistance. Inmate did not present any witnesses or written statements pertaining to his case. Inmate was placed in
segregated housing pending investigation and pending MJ26. Inmate was read Miranda waiver and signed acknowledgment. Inmate
was told that anything he says during his hearing can be uses in the disciplinary process. When asked what was found in his cell

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 5 of 9

NDOC EX. F: 00005

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 7 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES inmate Glass stated, "a shank, a prison made weapon." I asked him if it was his and were it was located. Glass said, "Yes it's mine
and it was in my jean pocket on the hooks in the cell." I asked him why he had it. Glass stated, for protection this yard has changed, I
am no good in Stockton due to testifying and there are lot of new people coming in from Stockton that may know me and what I did so
I have to protect myself. It wasn't meant for anyone but just for protection. Inmate will remain in administrative segregation pending the
outcome of an investigation. He was advised that he would be receiving monthly segregation reviews at which time his status would be
updated.
Rx: CLS/WSCC/AD SEG
, SC/O
, C/O
. ...[
updated the case note on 04/19/2021 09:15:02] WSCC: Miranda
Committee: CCS
Waiver acknowledgment will be placed in his I-File. ...[
updated the case note on 04/21/2021 12:23:45] Agree with Rx.
04/28/2021 - 10:10 [Parole / Parole Board Result]: WSCC: I/M given his Parole Board results:
Order of the Board GRANTING Parole.
Applies to: CR19-2006;1; TRAFFICKING CON SUB, SCH 1,GT 27 GR
CR17-2006;2;BURGLARY
05/17/2021 - 09:17 [General Case Notes / Administrative Segregation Review]: WSCC: Ad-seg review: I/m seen in 4B caseworkers
office. Inmate is pending OIC for MJ26: poss of contraband. Inmate had a prison made weapon in his property. Inmate also gave me a
couple CMS to add due to owing spice to inmates or borrowing money for spice. Inmate states he wants to be able to go to NNCC but
upon review inmate has a CMS at NNCC. Inmate CMS will be submitted for review. Inmate states he can also go to LCC. Inmate had
no other question or concerns. Inmate will remain in ad seg pending OIC completion then will be classified to an appropriate facility if
CMS are approved.
RX: remian ad seg

CMTE: CCS
, C/O
...[
updated the case note on 05/17/2021 10:10:02] Agree with Rx.
06/14/2021 - 12:41 [Grievance / Grievance]: Returned and signed GR: 20063122394,improper. I/m disagrees.
GR: 20063121945,improper. I/m disagrees.
CCS offered additional GR forms as needed.
J4 forwarded to WSCC grievance coord.
06/15/2021 - 04:18 [General Case Notes / Administrative Segregation Review]: WSCC: Ad-seg review: I/m seen in 4B caseworkers
office. Inmate serving DS until 6/25/21. Inmate has multiple CMS at WSCC. Inmate will be classified to appropriate facility once DS is
complete. Inmate states he doesn't want to go GP. Inmate advised he will not go GP due to CMS at WSCC. Inmate has no other
questions or concerns. Inmate has no pending OIC.
RX: WSCC/CLS/DS
CMTE: CCS
, C/O
, SC/O
...[
updated the case note on 06/16/2021 08:25:48] Agree with Rx.
07/06/2021 - 03:12 [Classification / Re-Classification (Change)]: WSCC: Change. Review SDCC. RFS:26. Inmate has CMS at WSCC
and NNCC. Inmate RFS is elevated, Review SDCC, once RFS is lowered inmate can be placed into GP at SDCC. Serving 48 to 180
months for Trafficking Con Sub cc 36 to 120 months for Burglary cs 36 to 120 months for Burglary. PED: 07/05/21. MPR: CS
Pending. PEXD: 8/14/2025. CMS: 3xWSCC, NNCC. OIC: Last 6/28/2021 G14 Guility. DET: San Joaquin County Jail. NO: STG,
ESC, diets.
Faith: None. ID: none in FIle. NOK: none.
Rx Tx: CLS/SDCC/AD SEG
...[
updated the case note on 07/12/2021 11:38:59] Approved Close/ESP/GP due to RFS. Review for Medium yard when
RFS lowers.
07/07/2021 - 09:59 [Grievance / Grievance]: Returned and signed GR: 20063122824,IF. I/m disagrees..
CCS offered additional GR forms as needed.
J4 forwarded to WSCC grievance coord.
07/14/2021 - 01:37 [Holds and Detainers / Holds and Detainers]: Rec'vd and posted Notify from NV P&P for case #CR17-2006 Notify has an expiration date of 07/20/2025.
07/14/2021 - 03:10 [General Case Notes / General Case Note]: WSCC: Inmate signed parole docs for CR17-2006 CTII: BURGLARY.
CTI TRAFFICKING CON CUB SCH1, GT 27 GR

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 6 of 9

NDOC EX. F: 00006

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 8 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES 07/16/2021 - 02:17 [General Case Notes / Reception Review]: ESP/Reception. I/M arrived from WSCC on 7/16/21 for high RFS. Inmate
is to be placed in GP/level II and expressed no issues or concerns. Alerts=None. CMS=2@WSCC & 1@NNCC. Special Diet=None.
LOIC=G14 6/28/21 (one Pending).
Serving: 36-120 mnths for Burglary. PED:7/5/24 MPR:1/15/26 . PEXD:
7/18/26 KOPs: None. Viewed 3 minute PREA video and given 15 minute video transcript. Given handbook and signed handbook
acknowledgment. No other issues or concerns. I/M interviewed by classification, medical, and mental health staff.
...[
updated the case note on 07/16/2021 14:28:31] ESP-No STG
07/16/2021 - 02:58 [PREA / PREA Intake Assessment]: ESP-NDOC PREA risk transfer assessment was completed on this date. This
screening for risk of victimization and abusiveness assessment meets the requirements per PREA standard 115.41. Inmate was
shown a 3 minute PREA video and he was given PREA information regarding PREA (Q & A PREA transfer assessment completed
and PREA acknowledgment sheet placed in I-file.)
07/16/2021 - 02:59 [PREA / PREA Education]: ESP- Inmate has been given information regarding PREA regulations, how to report
PREA incidents at this facility and was mandated to watch a comprehensive PREA educational video (15 minutes) or read the video
transcript arrival

07/21/2021 - 03:52 [PREA / PREA 30-day Follow-up Assessment]: ESP - PREA-30 day follow up assessment completed.
07/28/2021 - 03:11 [Sentence Management / Sentence Management]: Recv'd and did not post Stat loss WSCC, OIC 494052,
04/16/21, 30 total
Due to Inmate starting final case CR17-1970 before stat forfeiture was submited. Not enough time.
08/24/2021 - 11:11 [Classification / Due Process]: ESP - Due Process Hearing - RFS = 26. Inmate was served a Notice of
Classification Hearing on 08/18/2021 for a hearing on 08/23/2021. Inmate seen at cell front to discuss due process. Inmate advised
this was his due process hearing for cell mate's pending MJ3 OIC. Due process needed for custody change from CLS to MLU/AS.
Inmate advised of right to remain silent and if a statement was made, it could be used in a disciplinary process or any criminal
prosecution. I/M stated he understands this right and had no questions. Inmate will remain MLU-AS/Red-Tagged status until OIC is
complete or an Ad Seg bed becomes available.
, Unit Staff.
CCSI
...[
updated the case note on 10/18/2021 14:52:25] I/M was moved in with an I/M that isn't red tagged. His situation is
different than the original due process as he is pending an MJ1 now, however, due to the age of the OIC, he is now cleared CLS GP.
09/29/2021 - 03:39 [General Case Notes / Administrative Segregation Review]: ESP - Monthly Ad Seg Rvw - Inmate seen at door.
Inmate is currently MLU-AD SEG/Red tag due to Cell Mate's pending MJ2 OIC. Discussed PREA-no changes/issues. Inmate had no
other questions or concerns. Remain MLU Ad-Seg, no change at this time, rvw in 30 days.
CCSI
and Unit Staff.
...[
updated the case note on 09/29/2021 15:42:18] correction, Cell Mate's MJ3 OIC.
11/04/2021 - 03:38 [General Case Notes / Job Check]: ESP - I/M assigned to position #703 Porter. I/M meets minimum education
requirements for position and was instructed on job description/requirements. I/M told that if he is approved, any misconduct could
result in his removal from the job position and Level reduction. CCSI
, Unit Staff. ...
updated the case note on
11/30/2021 13:58:32] Inmate unassigned from job due to pending investigation. ...
updated the case note on 12/16/2021
11:05:38] Inmate reappointed to Job#703 ...
updated the case note on 01/05/2022 15:37:10] Inmate unassigned from Job
#703 due to a pending MJ OIC.
11/30/2021 - 02:00 [Classification / Due Process]: ESP Int Ad Seg due process hearing- Assessment- 26. Inmate seen and advised
this was his due process due to his custody level being changed from CLS to MLU-AS (Red Tag) pending an STG Investigation on
11/23/21. No Counsel substitute or witness requested per DOC 2003. Inmate advised of right to remain silent and if a statement is
made it could be used in a disciplinary process or a criminal prosecution. Inmate stated he understands this right and made no
statement and called no witnesses. Inmate advised will remain on MLU-AS/Red Tag custody until the completion of the disciplinary
process at which time he may be reviewed for a lesser custody level. Inmate was asked if he was given PREA Education and
Information sheet when inmate was placed in segregation. Inmate confirmed he was given PREA Education and Information sheet.
Reason at ESP: Inmate came from WSCC for high RFS. Alerts=S (Security ? Red Tag). STG=None. CMS=2@WSCC, 1@SDCC.
Special Diet=None. LOIC= G14 07/15/21.
Serving: 36 - 120 months for Burglary.
PED=07/05/24 MPR=02/04/26
PEXD: 08/07/26 .
No other issues or concerns.
CCWS II
, Unit Staff

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 7 of 9

NDOC EX. F: 00007

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 9 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES ...[
updated the case note on 12/08/2021 16:10:16] Tier has been changed to a BMU and since there is no longer a
security issue due to the change in the tier, the red tag has been removed. OK CLS BMU
01/10/2022 - 07:04 [Classification / Due Process]: ESP-Due Process Hearing- RFS=22. Inmate was served a Notice of Classification
Hearing on 1/5/22 for a hearing on 1/10/22. Inmate seen at cell front to discuss his Due Process and told he would remain Red Tagged.
Inmate Red Tagged due to pending MJ26. Inmate will remain MLU-AS/Red-Tagged status until OIC is complete or an Ad Seg bed
becomes available.
, Unit Staff
CCSII
...[
updated the case note on 01/12/2022 17:41:50] OK ESP MLU-AS
01/19/2022 - 11:38 [General Case Notes / Full Class Review]: ESP- I/M was seen and spoken to today abut possibly PS placement.
I/M Glass stated that he did not feel safe to go back into GP after the incident that occurred on 1/4/22 at ESP. He stated that he wanted
to just do the rest of the time he had left and not have to be pressured into doing any gang related things. It was then explained to the
inmate that if he received a PS alert his ability to go to certain yards would be taken away as they do not house PS inmate on those
yards. The I/M stated that he understood and still felt it would be best if he had a PS alert and that he would be okay to house around
other PS inmates. It was decided that a PS alert would be added to the inmate.
CCSIII
, CCSII
, Unit Staff
03/25/2022 - 11:11 [General Case Notes / Job Check]: ESP-I/M seen to discuss placement as Culinary Worker (#CUL30). I/M meets
minimum education requirements for position and was instructed of job description/requirements. I/M told that if he is approved, any
misconduct could result in his removal from the job position ...
updated the case note on 06/28/2022 10:52:42] Unassign due
to jobs being reassigned to ESP/LVL 1/ GP
07/13/2022 - 09:54 [Classification / Re-Classification (Per)]: ESP Periodic Rev- RFS=Section A/6 Overall/22 Custody
level=CLS/PS/LVL 2. Reason at ESP= WSCC on 7/16/2021 for High RFS
PREA= N Alerts= S-PS D
SSC=N Birth Cert= N NOK=
Holds/Det= CR-2017-0007610-WEX- San Joaquin CJ, CR17-2006-WEX- NOT. P&P
STG= N CMS=1@NNCC, 1@WSCC, 1@HDSP, 1@ESP Diet=N. Escape HX=N. Last OIC= G18-04/13/2022
I/M stated that he knows how to make a PREA report and had nothing to report during this review. JOC matches NOTIS/OSM records.
Sentence= Burglary (36-120mo)
PEXD=07/11/2026 PED=07/05/2024 MPR=01/08/2026
Rx Remain ESP/CLS/PS/LVL 2 due to High RFS
...[
updated the case note on 07/19/2022 13:42:50] OK ESP/CLS/PS/LVL 2
08/26/2022 - 01:26 [Classification / Re-Classification (Change)]: Assessment: 22/CLS
Alerts= S-PS
Holds/Det= CR-2017-0007610-WEX- San Joaquin CJ, CR17-2006-WEX- NOT. P&P
STG= N CMS=1@NNCC, 1@WSCC, 1@HDSP, 1@ESP Diet=N. Escape HX=N. Last OIC= G18-04/13/2022
Sentence= Burglary (36-120mo)
PEXD=07/11/2026 PED=07/05/2024 MPR=01/08/2026
Inmate is being submitted for ESP protective housing depop / HDSP swap.
RX HDSP/CLS/Protective Housing
CCSIII
CCSI
...[
updated the case note on 08/30/2022 13:12:17] Approved Medium/HDSP/PH. RFS is elevated due to (F) hold.
09/14/2022 - 08:57 [Sentence Management / Sentence Management]: All records (written and electronic) regarding this inmate must
be retained, please suspend normal document destruction procedures until further notice. Please insert Litigation Hold notices into IFile, Medical File, Grievance File, Property File and Visiting File.
Notified ESP & WSCC by email 09/14/22
Case No. 3:22-cv-00280-ART-CLB
09/26/2022 - 12:05 [PREA / PREA Intake Assessment]: PREA Intake (transfer) risk assessment completed in NOTIS on this date.
This screening for risk of victimization and abusiveness meets the requirements per PREA standard 115.41. PREA Orientation
Acknowledgment form (DOC 2096-1) signed this date and given to records to place in I-File.
09/26/2022 - 12:06 [PREA / PREA Education]: ? Inmate signed DOC 2096 Prison Rape Elimination Act (PREA) Orientation and
Comprehensive Education indicating he
viewed a video or transcript of same as well as receiving information regarding regulations and reporting instructions.

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 8 of 9

NDOC EX. F: 00008

Case 3:22-cv-00280-CLB Document 45-6 Filed 01/10/24 Page 10 of 10

State of Nevada
Department of Corrections
OFFENDER INFORMATION SUMMARY
NDOC ID:1196925

NAME: GLASS, MICHAEL

BOOKING NO: 2018-091715

- CASE NOTES 09/26/2022 - 12:06 [General Case Notes / Reception Review]: HDSP Reception Review: Inmate received on 09/24/2022 from ESP.
Reason: protective housing depop / ESP swap. Inmate states that he has no immediate medical/mental/dental concerns and is not
suicidal or homicidal. Inmate states he has no enemy concerns and no issues being housed HDSP/MED/PH.

Report Name: OAOIS
Run Date:OCT-17-22 04:11 PM

Page 9 of 9

NDOC EX. F: 00009

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 1 of 19

EXHIBIT G
NDOC AR 405 – Use of Force, effective 11-15-2016

EXHIBIT G

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 2 of 19

NDOC EX. G: 00001

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 3 of 19

NDOC EX. G: 00002

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NDOC EX. G: 00003

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NDOC EX. G: 00004

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NDOC EX. G: 00005

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NDOC EX. G: 00006

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 8 of 19

NDOC EX. G: 00007

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 9 of 19

NDOC EX. G: 00008

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 10 of 19

NDOC EX. G: 00009

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 11 of 19

NDOC EX. G: 00010

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NDOC EX. G: 00011

Case 3:22-cv-00280-CLB Document 45-7 Filed 01/10/24 Page 13 of 19

NDOC EX. G: 00012

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NDOC EX. G: 00013

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NDOC EX. G: 00014

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NDOC EX. G: 00015

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NDOC EX. G: 00016

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NDOC EX. G: 00017

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NDOC EX. G: 00018

Case 3:22-cv-00280-CLB Document 45-8 Filed 01/10/24 Page 1 of 5

EXHIBIT H
NDOC AR 245 – Inmate Medical Charges,
effective 6-18-2018

EXHIBIT H

Case 3:22-cv-00280-CLB Document 45-8 Filed 01/10/24 Page 2 of 5

NDOC EX. H: 00001

Case 3:22-cv-00280-CLB Document 45-8 Filed 01/10/24 Page 3 of 5

NDOC EX. H: 00002

Case 3:22-cv-00280-CLB Document 45-8 Filed 01/10/24 Page 4 of 5

NDOC EX. H: 00003

Case 3:22-cv-00280-CLB Document 45-8 Filed 01/10/24 Page 5 of 5

NDOC EX. H: 00004

Case 3:22-cv-00280-CLB Document 45-9 Filed 01/10/24 Page 1 of 12

EXHIBIT I
NDOC OP SS-0041, Inmate Health Care
Charges, revised 5-18-2018

EXHIBIT I

Case 3:22-cv-00280-CLB Document 45-9 Filed 01/10/24 Page 2 of 12

NDOC EX. I: 00001

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NDOC EX. I: 00002

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NDOC EX. I: 00003

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NDOC EX. I: 00004

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NDOC EX. I: 00005

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NDOC EX. I: 00006

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NDOC EX. I: 00007

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EXHIBIT J
NDOC AR 446 – Identification of Inmates Affiliated
with Security Threat Groups and Disruptive
Groups, effective 1-14-2014

EXHIBIT J

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NEVADA DEPARTMENT OF CORRECTIONS
ADMINISTRATIVE REGULATION
446
IDENTIFICATION OF INMATES AFFILIATED WITH SECURITY
THREAT GROUPS AND DISRUPTIVE GROUPS

Supersedes:
Effective date:

AR 446 03/19/13; AR 446 (Temporary 8/2 1/15)
1/14/16

AUTHORITY: NRS 209.131, NRS 193.168, 28 CFR23
RESPONSIBILITY
The Inspector General's Office (IG) has primary responsibility for supervising the process for the
identification and management, including validation, of Security Threat Groups (STG) and/or
Disruptive Groups (DG) and the affiliated inmates.
Supervisory Criminal Investigators in the IGs office and assigned Inspector General Investigators
are responsible to monitor STG and/or DG activity within the Department.
All Department staff share the responsibility in reporting and identifying STG and/or DG.
446.01

STG AND/OR DG IDENTIFICATION AND MANAGEMENT

1. STG status is to be considered advisory in nature and ordinarily does not require specific
actions beyond an increased level of security awareness. All staff will accurately document
suspected STG and/or DG members and their activities and ensure all validation and supporting
information and documentation is sent to the designated staff member within the IGs office.
2. The Department will establish:
A. A mechanism to identify, verify, and validate STG and/or DG and the affiliated inmates;
B. A procedure for STG and/or DG Due Process hearings and appeals.
3. The Office of the Inspector General will develop confidential procedures to identify, verify,
validate and provide suggestions for management of the STG and/or DG.
4. The Office of the Inspector General will develop confidential procedures for the sharing of
intelligence relative to STG and/or DG with law enforcement agencies outside the Department of
Corrections.

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5. Each institution/facility will develop institutional procedures to comply with the Inspector
General's guidelines in the identification of STG and/or DG, and affiliated inmates to each
specific group.
A. Each institution is responsible for the management of inmates affiliated with a STG
and/or DG, based upon the needs of the institution while keeping in mind the variables of
housing for each inmate.
B. Expertise and information relative to housing issues of and/or for inmates should be
sought from staff members of the Inspector General's office when applicable.

446.02

STGAND/OR DG INVESTIGATION AND VALIDATION

1. When STG/DG activity or affiliation is suspected, the Warden/designee of the affected
institution will initiate an inquiry to gather relevant information concerning the activity and any
involved inmates. This information should be documented within Nevada Offender Information
Tracking System, (NOTIS) and should include as much identifiable information as possible.
A. When practical the documentation, photographs and/or any other report should be
imported into the NOTIS incident report utilizing the document import icon.
B. The STG assessment fields in NOTIS will be updated for all involved inmates, to
accurately reflect current STG status and involvement.
C. If documentation in support of the activity and/or identification is not scanned, all
relevant information
and documentation obtained
during
the information
gathering/investigation process concerning a suspected STG/DG or affiliated inmate, will be
forwarded to the Inspector General's Office designee for review.
2. When appropriate, the IG designee will validate the concerned STG/DG or affiliated inmate in
accordance with established validation criterion outlined in the IG procedures.

446.03

STG AND/OR DG DUE PROCESS

1. The Department will establish processes and procedures by which an inmate can question,
review and appeal a STG/DG designation/validation.
2. In accordance with established validation criterion an inmate will be notified of suspected
STG/DG affiliation via NDOC Form 1598 STG/DG Notification. The NDOC Form 1598 will
provide what information the suspected affiliation is based upon.
3. The inmate will be advised as to the necessary steps to, if desired, remove themselves from
affiliation through the formal debriefing process.

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4. Should the inmate disagree with the designation, he can, within I 0 days of the written
notification, request in writing via his caseworker, a STG/DG Due Process Hearing.

5. The involved casework staff member will notify the supervisory Casework staff of the
inmate's request for a STG/DG Due Process Hearing.
A. The Casework staff member should document the inmate's request for a hearing within
the appropriate area of the Offender Management Module of NOTIS.
6. The inmate will be notified in writing with a date and time that the STG/DG Due Process
Hearing will occur. The inmate must be given at least 72 hours of preparation time to be able to
present evidence if he believes the suspected affiliation is incorrect. The inmate may not call any
witnesses.
7. The STG/DG Due Process Hearing panel will consist of the Warden or designee, which can
be an Associate Warden or a staff member with sufficient supervisory experience and
knowledge, the inmate's caseworker, and one other staff member of the facility. Another
assigned staff member, typically from the involved institution, will present the STG/DG
information on the inmate. All STG/DG Due Process Hearings will be recorded via tape or
digital means.
8. The hearing will begin by informing the inmate why he is suspected of being affiliated with a
STG/DG, including presenting the facts about why it is believed the inmate should be validated.
All evidence will be presented at that time and this evidence will be attached to the hearing
document packet.
9. Confidential information that has been proven reliable will be presented, off tape and outside
the presence of the involved inmate, to the hearing panel.
10. Once the evidence and facts have been presented, the inmate will be given the opportunity to
present his rebuttal, including being allowed to speak on his behalf. He can present evidence
both verbally and documents to support his case. He cannot call witnesses.
11 . Once the Due Process hearing panel has heard and reviewed all information and
documentation, the recording will be paused or stopped. The inmate and presenting staff
member will leave the room and the panel will deliberate. Once the deliberation has ended and
the panel has voted whether the inmate should be validated or not, the inmate and the presenting
staff member will be allowed back into the room. The tape recorder will be restarted and the
inmate will be made aware of the panel' s decision by advising him that he is or is not to be
validated as affiliated with a STG/DG.
12. Each panel member will indicate on NDOC Form 1598 whether they agree, disagree or need
additional information or investigation, with the inmate's suspected affiliation.

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13. A copy of the panel's decision will remain with the STG/DG file documentation and a copy
of the panel's decision will be placed into the inmate's I file.
A. The original documentation, form 1598 will be sent to the Inspector General's Office,
who in tum will upload the document into the STG module for that inmate.
14. The inmate will be provided information explaining to him how he can remove himself from
the affiliation through a debriefing process.

15. The inmate will also be afforded the opportunity to appeal the panel' s decision should he
want to do so. The panel will provide the inmate with information explaining how the appeal
process works.
16. After the STG/DG Due Process Hearing has been finalized, the inmate has 10 working days
from the hearing date to appeal the panel's decision. The inmate will complete the STG appeal
form or an inmate request form after the hearing or the Security Threat Group or Disruptive
Group Designation, NDOC form 1598 during the STG Due Process hearing. The Inspector
General will forward the form to the appropriate Deputy Director for review. The Deputy
Director can agree with the panel, send the matter back for further investigation and review, or
overturn the panel's decision for validation of the inmate.
17. Once the Deputy Director has made his determination or recommendation, the information
will be returned to the Inspector General's Office, who will notify the involved facility.
Casework staff is responsible to notify the involved inmate.
18. A copy of the written results of the Due Process Hearing appeal will be placed with the
STG/DG module of NOTIS for the inmate.

19. The inmate's affiliation status with a STG/DG will be reviewed by or through regular case
work review at the institution wherein the inmate is housed.
446.04 REVIEW
DESIGNATION

FOR

CHANGE

AND/OR

DEBRIEFING

FROM

A

STG/DG

I . During regular reviews, casework staff will confirm with the inmate any validated STG/DG
designation.
2 . Inmates who express an interest in debriefing, changing their status of designation from active
to inactive, or want the designation removed must submit a request for any of these processes in
writing through the casework staff member to the Associate Warden at the institution or facility
where the inmate is housed.
3. The Associate Warden will designate an institutional staff member to:

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•

•
•
•

Generate a Nevada Offender Tracking Information System (NOTIS) report in the
Incident Report (IR) module, clearly articulating the specific request by the inmate
(Debriefing, Changing Status or Removal of Status);
Import all documents associated with the inmate's request into the NOTIS
Incident report;
Notify the Associated Warden of the completion of these steps; and
Refer the generated IR for review by the IGs Office.

4. All inmate requests for Debriefing from their affiliation with a STG will be addressed through
review by the IGs office.
•
•
•
•

•

•

The IG designee will review the inmate's request within NOTIS and assign the matter for
handling and investigation to an investigator within the IG's office
The matter will be assigned for review by an Investigator in the Inspector General's Office
within 30 days.
The processes and procedures associated with official Debriefing are contained within the
confidential STG/DG manual.
Upon completion of the investigation of Debriefing qualification, IG staff will work with
Offender Management Division (OMO) staff as well as the institutional administrative
staff where the inmate is currently housed to assess best placement for the inmate.
Any activity, subsequent to official Debriefing, that is confirmed as associated with a
STG will result in immediate removal from a status of Debriefed to include removal from
any type of housing and/or programming associated to Debriefing
At all phases of the Debriefing process, to include any possible removal from a debriefed
status, housing and/or programming, the Department will take safety and security needs
of the inmate, the institution and staff into account.

5. All inmate requests for a review for a Status Change to inactive will be initiated and
conducted at the institutional level unless there are special circumstances that would not allow
for the review to occur in this manner, following the prescribed format and processes, which
include:
• The Inspector General's Office designee will assign the NOTIS IR an Incident Inquiry
(IN) case number to the institution wherein the inmate is housed;
• The Associate Warden of the institution will designate an institutional staff member to
conduct the review for a Status Change;
• The designated staff member will gather facts, information and documentation from
NOTIS and other sources of information from the Department or outside law enforcement
agencies in order to corroborate or refute inactivity. Some identified sources of
information include;
o NOTIS Incident Reports;
o NOTIS Disciplinary History reports;
o NOTIS Grievance log report;
o NOTIS Inmate Housing History report;
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o Classification records from NOTIS and the inmate's I file;
o Recorded inmate phone calls;
The designated staff member will conduct an in person recorded interview with the inmate
requesting a Status Change;
o The designated staff member will generate a report, including all garnered information,
data and evidence and support his/her findings in the report;
o The final report will be submitted to the Associate Warden of the Institution who in tum
will submit and confer with the Inspector General's Office (designee) for a determination
about the Status Change.

6. Any inmate that has had their STG/DG status changed or removed for whatever reason can be
reviewed for any subsequent change of status based upon demonstrated STG/DG activity,
association, or documentation.

446.05 STG/DG RECORDS CONFIDENTIALITY
1. STG/DG affiliation status information about an inmate(s) may be disseminated in conjunction
with an official request related to the inmate from The Pardons or Parole Board.

2. STG/DG affiliation status information about an inmate(s), including DOC forms 1597 and
1598, may only be disseminated in conjunction with an official request, related to the inmate(s)
from a Law enforcement agency.
A. STG/DG information and documentation determined to be confidential will be
disseminated via official request to the Inspector General's Office.

3. Unauthorized dissemination of STG/DG confidential information or documentation is
prohibited by any staff member of the Department.

446.06 STG/DG TRAINING
1. The IGs Office will make available subject matter experts to Employee Development Division
for training of staff in the identification and management of Security Threat Groups and/or
Disruptive Groups.
2. Department STG/DG training lesson plans shall be reviewed and approved by the IG designee
and Employee Development Division.

APPLICABILITY
1. This regulation applies to all employees and inmates of the Department.

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2. This regulation requires confidential Manual from the Inspector General's Office.
3. This regulation requires all institutions and facilities to have an Operational Procedure.

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