United States District Court, D. Nevada
ORDER REFERRING THIS CASE TO THE PRO BONO
Jennifer A. Dorsey U.S. District Judge.
plaintiff Wayne Cameron is currently being held in pre-trial
detention at the Clark County Detention Center (CCDC), which
is operated by the Las Vegas Metropolitan Police Department
(LVMPD). Cameron sues several unnamed LVMPD employees who
allegedly denied or ignored his multiple requests to have his
dentures repaired or replaced after they were broken in early
2016 while Cameron was in custody. Because the identities of
these defendants are unknown, I have issued several
pre-service discovery orders directing LVMPD to provide
Cameron copies of any grievances, kites, or inquiries he
submitted regarding his dentures and to identify the
employees who reviewed or handled these
only “Inmate Request/Grievance” form that LVMPD
has provided is Cameron's request in mid-2017 for copies
of all of his prior requests and grievances regarding his
dentures. LVMPD also identified the names of three
individuals responsible for reviewing or that did review his
grievances or inquiries since 2016: “Dr. A. Kirkwood
(NaphCare), Ashley Komacsar (NaphCare), and David Mancha
(CCDC).” Because this filing appeared
non-responsive to my order, I set a hearing on pre-service
discovery and directed LVMPD to produce
Cameron. At the hearing, counsel for LVMPD
represented and clarified that, although the 2017 grievance
form makes reference to prior grievances, LVMPD has no
earlier written grievances from Cameron on file regarding his
dentures. Cameron presented his dentures, which, as he
claimed, were broken into several pieces and clearly unusable
in their current state. Cameron represented that, when he
previously attempted to have his dentures repaired at CCDC,
he was informed that the procedure would cost him $75.
Because he was unable to pay, the dentures remain unrepaired.
I ordered LVMPD to provide Cameron and this court a copy of
the procedures he must follow to get his dentures
repaired. And because LVMPD couldn't specify who
Ashley Komacsar was during the hearing, I asked it to
identify her in a supplemental filing.
subsequent filing, LVMPD cites to NRS 211.140, which
addresses inmate medical care, as well as relevant portions
of the CCDC inmate handbook. The upshot is that inmates are
entitled to dental care but “may be financially
responsible for medical care and treatment under certain
circumstances[, ] including . . . preexisting medical
conditions . . . .” Although LVMPD cites this provision,
LVMPD doesn't clarify whether it believes that
Cameron's need for new dentures constitutes a preexisting
condition given that he claims that they were broken when his
cell was tossed by LVMPD officers in 2016. Rather, LVMPD
asserts that “Cameron's records do not include any
evidence that he requested medical treatment for damaged
dentures” except for a grievance he filed in 2014 and
that he never followed-up with unspecified instructions he
was given at the time. LVMPD also reports that Cameron was seen
by a dentist shortly after the hearing and “he told the
examining doctor that he is not having any issues, is doing
ok[, ] and does not want any change in his
diet.” Finally, LVMPD clarified that Ashley
Komacsar is an employee of NaphCare, a private contractor
that provides medical services to CCDC inmates, and that she
responded to his mid-2017 grievance.
response, Cameron confirms that he saw a dentist after the
hearing but represents that he was again informed that his
dentures would only be repaired if he paid $75. Cameron
further states that he was given the option of having his
food blended and that he continues to suffer from
“stomach pains, hunger pains, [and] constapation [sic]
. . . .” LVMPD didn't reply, and it has yet
to address Cameron's central assertion that, now that
LVMPD/NaphCare are undeniably on notice regarding his broken
dentures, they are conditioning repair on Cameron's
ability to pay.
of the difficulties this case has posed and Cameron's
proven and continued inability to obtain dentures, I am
referring this case to the Pro Bono Program adopted in
General Order 2017-07 for the purpose of identifying counsel
willing to be appointed as pro bono (free) counsel for
Cameron. The scope of appointment will be for all purposes
through the conclusion of trial. By referring this case to
the Program, I am not expressing an opinion about the merits
of the case.
take several months before pro counsel is appointed. In the
meantime, if Cameron wants this case to proceed against the
three LVMPD/NaphCare employees that LVMPD has identified (Dr.
A. Kirkwood, Ashley Komacsar, and David Mancha), he must file
a motion asking that these individuals take the place of the
John Doe defendants. Accordingly, IT IS HEREBY
ORDERED that this case is referred to the
Pro Bono Program for appointment for all purposes through the
conclusion of trial. The Clerk of Court is directed
to forward this order to the Pro Bono
 ECF Nos. 27, 29, 33.
 ECF No. 36-4.
 ECF No. 37.
 ECF No. 42.
 ECF No. 43.