LAS VEGAS — The family of a Las Vegas man who was killed in a Nevada prison just days before his scheduled release has filed a wrongful-death lawsuit against the state's Department of Corrections, alleging negligence and violations of protective custody protocols that led to his death.
Jacob Herman, 35, was serving a sentence at High Desert State Prison, located about 40 miles northwest of Las Vegas, when he was reportedly housed with a dangerous cellmate despite requests for protective custody. According to the lawsuit filed Friday in Clark County District Court, this decision resulted in Herman's death on or around July 16, after the cellmate, referred to only by the alias 'King,' allegedly carried out threats against him.
The complaint paints a picture of systemic failures within the prison system, including overcrowding, understaffing, and a disregard for safety measures. Herman's family contends that these issues directly contributed to the tragedy, and they are seeking at least $15,000 in damages to hold the department accountable.
Herman had pleaded guilty in 2023 to larceny and was sentenced to a maximum term of 36 months, court records show. With his release imminent, the lawsuit claims the Department of Corrections ignored clear warnings about the risks of placing him in a cell with King, who was serving a life sentence for serious crimes including homicides, robbery, kidnapping, and sexual assault.
According to the lawsuit, King had repeatedly threatened Herman's life, even informing corrections officers that he would kill Herman if they were housed together. Despite this, Herman was placed in the same cell, leading to the fatal incident. On July 16, the cellmate reportedly told officers that he had killed Herman, prompting the discovery of the body.
The family argues that the warden and other corrections officers violated Herman's civil rights by failing to adequately staff the unit and by not removing contraband that was allegedly used in the killing.
“Through this action, Mr. Herman’s family seeks accountability in the hope that no other family endures such a loss within Nevada’s correctional system,” the complaint states.
The Nevada Department of Corrections declined to comment on the lawsuit, citing the ongoing litigation. However, the department has publicly acknowledged staffing shortages as a persistent problem, which it has blamed for delays in implementing reforms recommended by a state audit completed in March 2022.
This is not the first time the department has faced legal action over inmate deaths. In September, Nevada agreed to pay $4.6 million to settle a separate lawsuit accusing prison guards of beating a man and leaving him to die in 2023. That case highlighted similar concerns about violence and inadequate oversight within the state's prisons.
High Desert State Prison, one of Nevada's largest correctional facilities, has been at the center of ongoing debates about prison conditions. Opened in 2000, it houses over 1,000 inmates and has faced criticism for overcrowding, with reports indicating that staffing levels have not kept pace with the growing inmate population. State officials have pointed to budget constraints and recruitment challenges as reasons for the shortages, which have led to increased overtime for existing staff and potential lapses in security protocols.
The lawsuit specifically alleges that the department 'defied protective custody rights' by housing Herman with King, despite the known threats. Protective custody is intended to separate vulnerable inmates from those who pose a danger, but the complaint suggests that understaffing made it difficult to enforce such separations effectively. Family members, through their legal filing, emphasize that these failures were not isolated but part of broader 'systemic overcrowding, understaffing and disregard for protective-custody safeguards.'
In the context of Nevada's correctional system, such issues have drawn attention from lawmakers and advocacy groups. A 2022 state audit recommended several changes, including better training for staff and improved monitoring of high-risk inmates. The department has reported some progress, but as noted in their statements on staffing, full implementation has been slowed by resource limitations.
Herman's case underscores the human cost of these challenges. Described in court documents as a Las Vegas resident with a relatively minor conviction compared to his cellmate's record, Herman was on the cusp of reentering society when the incident occurred. His family has expressed hope that the lawsuit will prompt reforms, preventing similar tragedies for others navigating the prison system.
Beyond the immediate allegations, the lawsuit raises questions about accountability in corrections. Experts in prison reform, while not directly involved in this case, have noted in broader discussions that understaffing often leads to rushed decisions on housing assignments, increasing risks for inmates. In Nevada, where the prison population has hovered around 10,000 in recent years, such pressures are amplified.
As the case moves forward in Clark County District Court, it could lead to further scrutiny of the Department of Corrections' practices. The family's demand for damages is modest at a minimum of $15,000, but the symbolic weight is significant, aiming to spotlight what they describe as preventable negligence. Legal observers suggest that if the allegations hold up, it might encourage more settlements or policy changes, building on the momentum from the recent $4.6 million payout.
In the meantime, Herman's death serves as a stark reminder of the vulnerabilities within the system. With the department citing active litigation as a barrier to detailed responses, the public may have to wait for court proceedings to reveal more about the events leading up to July 16. For now, the lawsuit stands as a call for greater oversight and resources to ensure that protective measures are not just policies on paper but realities in practice.