Nevada Remedies; Special Actions and Proceedings

Sec. § 41.0322
Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.


1.

A person who is or was in the custody of the Department of Corrections may not proceed with any action against the Department or any of its agents, former officers, employees or contractors to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted the person’s administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.

2.

The filing of an administrative claim pursuant to NRS 209.243 is not a condition precedent to the filing of an action pursuant to NRS 41.031.

3.

An action filed by a person in accordance with this section before the exhaustion of the person’s administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed the person’s administrative claim pursuant to NRS 209.243.

4.

If a person has exhausted the person’s administrative remedies and has filed and is proceeding with a civil action to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort, the Office of the Attorney General must initiate and conduct all negotiations for settlement relating to that action.
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Last accessed
Feb. 5, 2021