Nevada Supreme Court Establishes Private Cause of Action to Vindicate State Constitutional Rights

On December 29, 2022, the Nevada Supreme Court "conclude[d] that a private right of action for money damages exists to vindicate violations of search-and-seizure rights under the Nevada Constitution, but a qualified-immunity defense does not apply to such an action." This is a significant decision because it makes clear that people have private causes of action for violations of their state rights against illegal search-and-seizure, not just under the federal Constitution – and that such civil rights plaintiffs don’t have to overcome the infamous qualified immunity defense.

McLetchie Law was local counsel for one of the amici urging the court to take this position, the Roderick & Solange MacArthur Justice Center. Congratulations to the civil rights plaintiff in the case and his counsel!