Lawsuit Alleges Years of Delayed Eye Surgery Left Nevada Inmate Blind

On September 21, 2026, our office filed a civil rights lawsuit for Brian Daugherty, a man held at High Desert State Prison. It names the State of Nevada (Nevada Department of Corrections) and five prison medical providers and officials. The case, Daugherty v. State of Nevada ex rel. Nevada Department of Corrections, No. A-26-957308-C, is pending in the Eighth Judicial District Court in Clark County.

What the lawsuit alleges

Mr. Daugherty has insulin-dependent diabetes. The complaint says he reported a bleeding eye and blurry vision in May 2022 and was put on an "eye clinic waiting list." Six months later, a prison optometrist recommended an "immediate referral" to a retinal specialist. In December 2022 that specialist diagnosed retinal detachment in both eyes and wrote that surgery was being scheduled expeditiously.

According to the complaint, the surgery did not happen until April 2026, more than three years later. Meanwhile, it alleges, providers kept marking his referrals "urgent" while his requests and grievances went unanswered or were denied. An associate warden allegedly labeled one grievance an "abuse" of the grievance process. The complaint alleges that Mr. Daugherty is now blind in his right eye and has lost most of the vision in his left.

The claims

The suit alleges deliberate indifference to a serious medical need under the Eighth Amendment (through 42 U.S.C. § 1983) and under the Nevada Constitution's ban on cruel or unusual punishment. These are allegations only. The case is at an early stage, and no court has ruled.

Why it matters

People in prison depend entirely on the state for medical care. The Constitution does not let officials ignore a known, serious medical need, and a long delay can do as much harm as an outright denial.

If you or someone you love has been denied care, or had care delayed, in a Nevada jail or prison, call us at (702) 819-7770 to talk about your options.