Las Vegas psychiatric patient sent to California loses appeal in civil rights case

CARSON CITY — A federal appeals court on Friday upheld the dismissal of a case brought by a man who alleged Nevada state officials violated his civil rights by discharging him from a Las Vegas mental health facility and sending him to California by bus.

The 9th U.S. Circuit Court of Appeals, in a 2-1 ruling, said James Brown failed to file a timely amended complaint in U.S. District Court in Las Vegas after it was initially dismissed by Judge James Mahan.

Brown asked for reconsideration of Mahan’s decision but that was rejected in June 2014.

Mahan then gave Brown time to file an amendment complaint. That deadline was extended once but when Brown did not file, the case was dismissed by Mahan. Brown appealed.

The majority in the 9th Circuit ruling said: “Rules are enforced to deter the type of improper, or inattentive, conduct that occurred here.”

The lawsuit sought damages for Brown and asked the judge to issue an order to stop Nevada from sending psychiatric patients out of state.

Brown was discharged from the Rawson-Neal Psychiatric Hospital in Las Vegas on Feb. 11, 2013, and was bused to Sacramento, California, where he had no family or support waiting for him.

After an investigation of alleged cross-border dumping of mental patients, Nevada officials announced in April 2013 that two state employees were fired and three others were facing lesser discipline.

The action followed a state review of cases involving more than 1,500 patients who were released in the previous five years from Rawson-Neal, the state psychiatric hospital run by Southern Nevada Adult Mental Health Services, and bused out of state.

A separate case brought by Brown is still pending in Nevada state court.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-461-3820. Follow @seanw801 on Twitter.