Case: Ybarra v. Nevada Bd. Of Prison Comm'rs

3:80-00040 | U.S. District Court for the District of Nevada

Filed Date: Feb. 20, 1980

Clearinghouse coding complete

Case Summary

In 1980, Bernard Ybarra applied, pro se, for a preliminary injunction in the District of Nevada to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against his girlfriend. In a March 1981 order, the District Court (Judge Edward C. Reed) stated that Ybarra was entitled to a preliminary injunction because the regulation (1) had not been put into writing and posted at the Prison, (2) was in conflict with a duly adopted exi…

In 1980, Bernard Ybarra applied, pro se, for a preliminary injunction in the District of Nevada to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against his girlfriend.

In a March 1981 order, the District Court (Judge Edward C. Reed) stated that Ybarra was entitled to a preliminary injunction because the regulation (1) had not been put into writing and posted at the Prison, (2) was in conflict with a duly adopted existing regulation, and (3) had not been approved by the Board of State Prison Commissioners. However, instead of granting an injunction, Judge Reed granted defendants sixty days to file proof, via affidavit of the Prison Superintendent, that a Board approved regulation had been posted at the Prison. Defendants filed the affidavit a month later and plaintiff's preliminary injunction was denied. Ybarra v. Nevada Bd. of State Prison Comm'rs, 520 F. Supp. 1000 (D. N.M. 1981).

The docket for this case is not available on PACER, and therefore our information ends with the only available decision, dated August 24, 1981.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Defendant

Adler, Ernest E. (Nevada)

Thornley, Richard E. (Nevada)

Judge(s)

Reed, Edward Cornelius Jr. (Nevada)

Attorneys(s) for Defendant

Adler, Ernest E. (Nevada)

Thornley, Richard E. (Nevada)

Documents in the Clearinghouse

Document

3:80-00040

Order

520 F.Supp. 1000, 1981 U.S.Dist.LEXIS 14261

Aug. 24, 1981

Aug. 24, 1981

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 20, 1980

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Inmate applying for preliminary injunction to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against inmate's girl friend

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada State Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1981 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Parents (visitation, involvement)

Search policies

Siblings (visitation, placement)

Visiting

Type of Facility:

Government-run