Judge certifies Ely Prison suit as class action

U.S. District Judge Larry Hicks Tuesday certified the American Civil Liberties Union lawsuit against Ely State Prison's medical services as a class action.

Hicks defined the class as "all prisoners who are now, or in the future will be, in the custody of the Nevada Department of Corrections at Ely State Prison in Ely, Nevada."

The certification allows the lawsuit to proceed representing all inmates at Ely even though it was originally filed on behalf of just six inmates.

ACLU filed the suit a year ago charging the prison and state officials failed to correct a "pervasive pattern of grossly inadequate medical care" at the maximum security prison.

The suit seeks an order directing the prison system and the state to fix the Ely medical system. It does not seek monetary damages.

ACLU earlier submitted a report to prison officials written by Dr. William Noel of Idaho. He said a review of the medical records of 35 inmates showed "the most shocking and callous disregard for human life and human suffering that I have ever encountered in my 35 years of practice."

The lawsuit charges Ely Prison lacks a constitutionally adequate health care system. It says policies within the prison have denied medical care for serious needs, failed to maintain an adequate system to provide medications, failed to make timely referrals for specialty care and failed to monitor chronic conditions or treat chronic pain.

ACLU lawyers argued those rules "create a substantial risk of serious medical harm to each prisoner."

Director of Corrections Howard Skolnik said he continues to have faith in his medical staff.

"We provide constitutional medical care to our inmate population," he said.