Mack Attack: Suing for Civil Liberties Under the Nevada Constitution - CLE
Program approved for 1.5 Nevada MCLE credits
Presenters will discuss Mack v. Williams, an opinion issued by the Nevada Supreme Court in December of 2022 establishing that (1) some rights under the Nevada Constitution, including Article 1, Section 18, are self-executing, (2) a plaintiff who brings suit for a violation of a self-executing right may seek damages for the violation, and (3) a government official who violates a self-executing right under the Nevada Constitution may not assert qualified immunity as a defendant.
The presentation will consist of a brief opening lecture by Nathan Lawrence and Travis Barrick discussing the history of Mack v. Williams and their experience litigating the case. The presentation will then open into a broader panel discussion with Chris Peterson moderating while Nathan Lawrence, Travis Barrick, and Andrea Vieira discuss the precedent set by Mack, the practical differences between litigation brought under Mack versus 42 USC §1983, and areas for potential future litigation.
Learning Objectives
1. Review the history beyond the Mack v. Williams decision, including the underlying facts and the procedural history leading to the decision.
2. Examine what legal concepts have been clearly established by Mack, such as what is “self-executing right” and when damages can be sought.
3. Compare and contrast claims brought under the United States Constitution pursuant to 42 USC 1983 versus the Nevada Constitution pursuant to Mack v. Williams
4. Evaluate what other rights under the Nevada Constitution may be considered “self executing” beyond Article 1, Section 18.
5. Discuss other issues that will need to be settled related to the litigation pursuant to Mack, including whether damages caps under NRS 41.035(1) apply to Mack cases.
6. Explain what resources are available to attorneys interested bringing actions under the Nevada Constitution pursuant to Mack v. Williams.
Panelists:
- Nathan Lawrence, Senior Associate at Gallian, Welker, and Associates who represented Plaintiff Sonja Mack
- Travis Barrick, Partner at Gallian, Welker and Associates who represented Plaintiff Sonja Mack
- Andrea Vieira, Civil Rights Attorney at The Vieira Law Firm
- John Valery White, Ralph Denton Professor of Law, William S. Boyd School of Law at UNLV
Moderated by:
- Christopher Peterson, Legal Director of ACLU of Nevada