Walden Jr., et al v. The State of Nevada, ex rel Nevada Department of Corrections, Case No. 3:14-cv-00320-MMD-WGC (originally filed First Judicial Dist. Nev. May 12, 2014; removed to D. Nev. Jun. 17, 2014)

This collective and class action lawsuit was filed on May 12, 2014 on behalf of correctional officers employed at various correctional facilities throughout the state of Nevada. Plaintiffs seek to represent a class of correctional officers employed in the state of Nevada from May 12, 2008 to the present.

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The complaint alleges that correctional officers were required to perform work activities before they clocked in and after they clocked out, such as attending roll call; picking up keys, radios and other tools used during their workday.

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The District Court granted the State of Nevada Department of Corrections’ (NDOC) Motion to Dismiss the lawsuit but allowed Plaintiffs to file a First Amended Compliant (“FAC”) to cure the perceived deficiencies noted by the Court. Plaintiffs filed their amended lawsuit in April 2017.

NDOC has yet again tried to have the Court throw out the lawsuit. However, the Court granted in part and denied in part NDOC’s motion. Plaintiff has filed a motion for the Court to reconsider one of the dismissed claims and NDOC has appealed part of the Court’s decision based on jurisdictional grounds to the Court of Appeals for the Ninth Circuit. The Ninth Circuit heard oral argument on March 13, 2019. You can view the oral argument here. The Ninth Circuit found in favor of Plaintiff and issued its decision October 16, 2019. The Court’s decision can be accessed here. NDOC has the right to request that the Ninth Circuit reconsider its decision, however the Ninth Circuit has not yet made a decision on whether it will reconsider.

The discovery period has ended and there are still motions pending before the federal district court. Now that the Ninth Circuit has made its decision, these motions are ripe for decision by the U.S. District Court.