CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
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Authorize Petition for Writ of Mandamus to Supreme Court of Nevada in Annette Walker v. Clark County Office of the Coroner/ Medical Examiner, EJDC Case No. A-24-890997-C; or take other action as deemed appropriate. (For possible action)
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FISCAL IMPACT:
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Fund #: |
1010.000 |
Fund Name: |
General Fund |
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Fund Center: |
999010700 |
Funded PGM/Grant: |
N/A |
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Amount: |
N/A |
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Description: |
Miscellaneous court fees and related expenses |
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Additional Comments: |
N/A |
BACKGROUND:
On April 11, 2024, the Plaintiff filed a complaint alleging her son, an inmate at the Southern Desert Correctional Center, was murdered upon being assaulted by State correctional officers at the prison facility. The Complaint alleges the Clark County Coroner’s Office (Clark County) conspired with the Nevada Department of Corrections (NDOC) and intentionally misdiagnosed the cause of death as heart disease. The Plaintiff sued Clark County and a Clark County medical examiner employed by the Coroner's Office, Dr. Stephanie Yagi, DO, for professional negligence, civil conspiracy, violation of the Nevada Constitution and municipal liability under Monell v Department of Social Services.
On July 2, 2026, Clark County moved for summary judgment because there is no evidence of a conspiracy between the Coroner's Office and the NDOC, the Coroner's Office and Dr. Yagi are entitled to discretionary act immunity, the Coroner's Office does not owe a duty to the Plaintiff and because Plaintiff failed to identify a federal or state constitutional right violated by Clark County. On October 13, 2026, Honorable District Court Judge Mary Kay Holthus denied Clark County's motion for summary judgment.
The Clark County District Attorney’s office and outside counsel believe that this decision is erroneous and was an abuse of discretion by the District Court. Accordingly, the Clark County District Attorney’s Office requests authority to file a Petition for Writ of Mandamus with the Nevada Supreme Court to compel the Eighth Judicial District Court to grant the motion for summary judgment.