Court Cases

Doneale Feazell was just 18 years old when he was accused of committing a homicide and sentenced to life in prison without the possibility of parole. He filed a petition for writ of habeas corpus, challenging his unconstitutional detention. Alongside the Juvenile Law Center, we filed an amicus brief in support of his petition, arguing that sentencing an 18-year-old to die in prison violates the Nevada Constitution's ban on cruel or unusual punishment. Nevada’s Constitution provides stronger protections than the federal standard. While the Eighth Amendment prohibits “cruel and unusual punishment,” Nevada prohibits punishment that is “cruel or unusual.” Courts in other states have relied on similar language to strike down life without parole sentences for older adolescents, including those up to age 20. Research shows that young people in this age group share key developmental traits with those under 18, including a greater capacity for growth and change. Because of this, states across the country are expanding protections, including access to parole and resentencing. Nevada courts should do the same. Given this growing body of research and legal precedent, Nevada courts should recognize that sentencing young people like Feazell to die in prison is unconstitutional.

Despite only being 19 when accused of murder, Johnny Baggett was sentenced to two consecutive life terms without the possibility of parole. He filed a petition for writ of habeas corpus, challenging his unconstitutional detention and raising claims of ineffective assistance of counsel that prevented him from proving his innocence. In conjunction with the Juvenile Law Center, we filed an amicus brief in support of his petition, arguing that sentencing a 19-year-old to life without parole violates the Nevada Constitution's ban on cruel or unusual punishment. The Nevada Constitution provides stronger protections than the federal standard. While the Eighth Amendment prohibits "cruel and unusual punishment," Nevada prohibits punishment that is "cruel or unusual." Courts in other states have relied on similar language to strike down life without parole sentences for older adolescents, including those up to age 20. Research shows that young people in this age group share key developmental traits with those under 18, including a greater capacity for growth and change. Because of this, states across the country are expanding protections, including access to parole and resentencing. Given this growing body of research and legal precedent, Nevada courts should recognize that sentencing young people like Baggett to die in prison is unconstitutional.

The American Civil Liberties Union of Nevada filed this case on behalf of eleven individuals whose constitutional rights were violated by the Las Vegas Metropolitan Police Department and the Rio Hotel. On August 19, 2018, our plaintiffs were having a birthday celebration at the Rio Hotel. Each of the 34 guests in attendance that evening is Black. LVMPD, aided by Rio staff, stormed in with no warrant and no reason to believe that any crime was being committed. Despite having no reasonable suspicion, LVMPD officers handcuffed and searched every single guest in attendance. Each guest was made to sit in the hallway of the Rio handcuffed with no access to food, water, or restroom facilities for up to 6 hours. LVMPD alleged that the birthday party was a “gang party,” but no guest was arrested for any criminal gang activity. We’re suing to end LVMPD’s racially discriminatory practice of indiscriminately and unlawfully detaining and searching individuals in violation of the Fourth and Fourteenth Amendments.