LAS VEGAS (KTNV) — The State of Nevada is set to pay an inmate nearly $1 million to settle three lawsuits alleging he didn't receive proper medical care in prison.
On Tuesday, the state Board of Examiners, which includes Gov. Joe Lombardo and Attorney General Aaron D. Ford, approved the settlement. You can watch that video here:
This all stems from a series of lawsuits filed by Charles Morris.
Morris was convicted and sentenced to prison for his role in a Reno murder. In February 1998, University of Nevada, Reno cheerleader Branson Clark was delivering pizza to an apartment. That's when Morris allegedly decided to rob Clark and ended up shooting and killing him. Morris later claimed he didn't kill Clark but did provide the assault rifle and pistol that were used in the shooting.
According to court records, Morris was found guilty of several charges, including first-degree murder, robbery, and conspiracy to commit a violent crime.
Morris entered the Nevada Department of Corrections at Ely State Prison in 1999, which is when he started complaining of back pain and issues developing in his lumbar spine.
The lawsuit details that he was moved to multiple NDOC facilities over the years due to medical issues. For example, in 2006, he was moved to Lovelock Correctional Center due to needing a "medical flatyard in relation to difficulties developing with his lumbar spine." In 2008, he had X-rays on his back, which showed vertebra misalignment and "other structural abnormalities of his lumbar spine" and an MRI was recommended. According to the lawsuit, he didn't have an MRI or see an orthopedic specialist until 2016.
Morris states the doctor told him that he needed to have surgery and that he suffered from "spasms, which [cause] his legs to go numb and collapse."
Morris was eventually restricted to a lower bunk and lower-tier unit. However, the lawsuit alleges that in October 2017, Morris was placed in an upper tier, requiring stairs.
On Feb. 2, 2018, the lawsuit states that while Morris was walking down the stairs of his two-tier housing unit at the Northern Nevada Correctional Center, his legs went numb and he fell down the steps.
"He was rushed to a hospital where he received emergency surgery to correct the underlying neurological deficits that developed in his back and legs," the filing states in part.
As of 2022, Morris testified that he is in "a wheelchair 24/7."
Dr. Michael Song, the neurosurgeon who operated on Morris after the fall, told the jury that when he reviewed Morris' MRI, it revealed a "massive disc herniation" and "severe spinal stenosis" and that it was "a miracle that [Morris] regained any neurologic function."
The NNCC warden, caseworkers, nurse, and correctional officers all told the jury that they had the authority to move inmates to different beds and had access to the Notis System, which provides the medical classification restrictions of each inmate, including Morris' restriction to a lower bunk and lower tier.
Dr. David Mar, who used to be an NDOC doctor, testified he saw Morris multiple times regarding Morris' back pain and prescribed medications and recommended that Morris lose weight. However, there was no recommended diet plan. At one point, a different doctor ordered a cane, special mattresses, and shoes for Morris, but Mar "rescinded that order."
A jury ultimately sided with Morris and awarded him $1.25 million in damages. However, in order to settle all three lawsuits against the state, he agreed to a lesser deal of $938,500, which was approved on Tuesday.
Morris' attorney, Paola Armeni sent Channel 13 the following statement after the settlement amount was made final.
"The settlement was a result of a negotiation after a Reno federal jury returned a verdict in Mr. Morris’s favor. No amount of money will make Mr. Morris whole. He is wheelchair-bound in his 40s due to the lack of medical care he was provided by NDOC. Nonetheless, the settlement will bring Mr. Morris some comfort for all that he has had to endure.
Hopefully, the settlement will continue to be a reminder that inmates have a constitutional right to adequate medical care and just because they are incarcerated, they cannot be ignored. Human decency and our Constitutions require more."
This is not the first time an inmate has sued the State of Nevada and the NDOC over medical issues.
In March, attorneys representing inmate Luis Sandoval filed a lawsuit after he was denied insulin, which led to two amputations.
NDOC records show that Sandoval was convicted on robbery charges and entered NDOC in August 2023. The lawsuit states he has multiple medical issues that need to be treated, including Type 2 diabetes.
For 45 days, Sandoval went without diabetes medication, his lawsuit alleges. He claims his foot began to swell, and a wound appeared. He wasn't seen by a doctor until September 19, 2023 and was immediately sent to Sunset Hospital's emergency room where an amputation was performed. He was discharged from the hospital on Oct. 5, 2023.
After Sandoval returned to prison, the lawsuit states he was not given a "medically necessary diet", which was ordered for him. It also states that he was not allowed to follow up with the surgeon, as ordered by Sunrise Hospital, and was not given diabetic shoes, which had been ordered for him.
Sandoval was transferred to Three Lakes Valley Conservation Camp in August 2024, where the lawsuit alleges he would be required to work on things like picking up trash outside the facility and performing firefighter training exercises. He claims he told correctional officers multiple times that he could not safely or effectively work due to the amputation but they "refused to assign him or otherwise provide him with a reasonable accommodation."
In October 2024, Sandoval was taken to UMC's emergency room with diabetic foot ulcers and osteomyelitis, which led to another amputation. He was discharged the next month.
When he returned to TLVCC, "prescribed medications meant to control and manage Sandoval's diabetic complications were discontinued or were otherwise not refilled or administered by Doe Pharmacy Employees." He was also denied a rec rollator walker, the lawsuit states.
Lack of access to medication was also an issue voiced by former Chief Deputy Public Defender Scott Coffee. I spoke with him after Yoni Barrios was convicted of stabbing multiple people on the Las Vegas Strip in 2023.
WATCH | Yoni Barrios sentenced to life in prison
Barrios was initially found not competent to stand trial, and Coffee explained that he has been getting treatment at a state facility for the past few years.
"There have been concerns raised in court that the medication regime has changed at the detention center. That's been an ongoing problem with cases," Coffee said in January. "There's a concern as to whether or not he'll remain competent. I suspect that he will, but it's one of those things that we have to watch out for."