Court Cases

The ACLU of Nevada filed an amicus brief urging the Nevada Supreme Court to strengthen its interpretation of the Equal Rights Amendment to prevent racial discrimination within the courts. A Batson challenge is an objection raised by a lawyer during jury selection when they believe the other side is excluding a potential juror because of their race. Under the Nevada Supreme Court decision in Dixon v. State, Batson challenges are not applicable when the excluded juror is an alternate who did not actively deliberate. Our amicus argues that the Batson process should prohibit a party from striking a juror if that party offers a race-based justification, even if that juror would have been an uncalled alternate. UPDATE: On January 13, 2025, the Supreme Court of Nevada decided that it was a harmless error, a decision unfavorable to our amicus brief.

Our client is a prisoner at Florence McClure Women's Correctional Facility in Southern Nevada. She was sexually abused by a prison chaplain, Donald Burse, on two separate occasions in August 2020. While Burse was fired after the abuse came to light, and there is a pending criminal case, we are taking on this case because we believe that the Nevada Department of Corrections has not done enough to make sure that such abuse will not happen again in the future.

The American Civil Liberties Union of Nevada Foundation filed this case to secure the release of two men who are being detained by Immigration and Customs Enforcement at the Henderson Detention Center. Our plaintiffs are medically vulnerable and at risk of severe illness or even death because of the COVID-19 pandemic. The U.S. Constitution requires that detention facilities ensure the health and safety of the people in their care, but these facilities are unable to implement social distancing and other medical best practices to prevent exposure. The people housed at the Henderson Detention Center have already been exposed to COVID-19. Jail officials confirmed on March 28 that 13 individuals held in ICE detention there have been isolated in individual cells after they were transported by an ICE agent who later began to show symptoms of COVID-19. The only remedy to this constitutional issue is to release our plaintiffs.