HARRIS v. STATE

138 Nev., Advance Opinion 1 .-iD
IN THE SUPREME COURT OF THE STATE OF NEVADA
ANTHONY JOSEPH HARRIS, No. 81430
Appellant,
vs.
THE STATE OF NEVADA; NEVADA
BOARD OF PRISON
COMMISSIONERS; THE STATE OF
NEVADA DEPARTMENT OF
CORRECTIONS; JAMES DZURENDA;
BRIAN WILLIAMS; ROMEO ARANAS;
MICHAEL MlNEV; JEREMY BEAN;
JULIE MATOUSEK: MR. FALISZEK;
MRS. ENNIS; NAPHCARE INC.; BOB
FAULKNER; N. PERET; G. WORTHY;
G. MARTIN; AND G. BRYAN,
Respondents.
Appeal from district court orders dismissing an inmate's civil-
rights complaint. Eighth Judicial District Court, Clark County; Trevor L.
Atkin, Judge.
Reversed and rernanded.
Holland & Hart LLP and Joshua M. Halen and Matthew B. Hippler, Reno,
for Appellant.
Aaron D. Ford, Attorney General, and Gregory L. Zunino, Deputy Solicitor
General, Carson City,
for Respondents.
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BEFORE THE SUPREME COURT, SILVER, CADISH, and PICKERING,
JJ.
OPINION
By the Court, CADISH, J.:
The district court dismissed appellant's civil rights complaint,
finding deficiencies in the pleading as to one of the defendants and in the
service of the pleading as to the remaining defendants. First, we consider
the standard for sufficiency in pleading a deprivation-of-rights claim under
42 U.S.C. § 1983. Second, we consider the timing requirements for proper
service of such a pleading on state officials or employees under NRCP
4.2(d)(2), which requires service on both the attorney general and on the
individual official or employee, and in particular, whether NRCP 4.2(d)(6)
provides additional time, beyond the generally applicable 120-day service
period in NRCP 4(e)(1), to complete one of the two service requirements
when the plaintiff timely completed the other requirement. Because we
conclude that appellant alleged sufficient facts to state a claim for relief
under 42 U.S.C. § 1983 against respondent Brian Williams based on an
alleged deliberate indifference to serious m.edical needs and that NRCP
4.2(d)(6) gives appellant additional time to complete service on the
remaining respondents, we reverse.
FACTS AND PROCEDURAL HISTORY
Appellant Anthony Harris, an inmate in the custody of Nevada
Department of Corrections (NDOC) at High Desert State Prison (HDSP),
alleged in a civil-rights complaint tha t he began to experience "extreme
chest pains" in early December 2018. He alerted a nurse at HDSP to the
chest pains. The nurse, defendant Jane Doe, told Harris to "fill out a kite,
9
but did nothing else."' Harris's extreme chest pains persisted, and in early
January 2019, he notified the same nurse of the continuing chest pains. She
again told Harris to fill out a kite. Nothing came of the kites Harris
completed. In late March 2019, Harris "suffered such extreme chest pains
that" he fell "to his knees . . . in front of a different" nurse, respondent
James Tolman. Tolman told Harris to drink water and "stay off his feet."
Harris filed an informal grievance the same day regarding the
denial of medical treatment for the chest pains. A nurse at HDSP,
respondent N. Peret, denied the informal grievance a little over two months
later in early June 2019. Harris filed a first-level grievance the next day.
Williams admits that NDOC's administrative regulations required him, as
HDSP's warden, to review, investigate, and respond to Harris's first-level
grievance, even though the regulations also permit him to use staff to
develop the response. Approximately one month later, Harris received a
denial of the first-level grievance signed by the director of nursing at HDSP,
respondent Bob Faulkner. That same day, Harris filed a second-level
grievance, which the medical director at HDSP, respondent Michael Miner,
denied around two months later in early September 2019.
On June 14, 2019, Harris was taken to see a cardiologist.
However, he was told on arrival that the cardiologist could not see him
because the appointment had been scheduled for two days earlier. Officers
at HDSP did not take Harris to see a cardiologist until over five weeks later,
on July 23, 2019. Although the doctor instructed Harris to return in 30
days, officers did not take him to the cardiologist again until over two
IA kite is "a written request for services or other assistance within the
prison." Ybarra v. State, 127 Nev. 47, 59 n.9, 247 P.3d 269, 277 n.9 (2011).
3
months later, on Octobor 4, 2019. During these gaps in care. Harris
continued to experience extreme chest pains that rendered him bedridden.
In November 2019, Harris filed this lawsuit pro se against various officials
and employees of NDOC, asserting a cause of action under 42 U.S.C. § 1983for their alleged deliberate indifference to his serious medical needs.2
As relevant to this appeal, Harris directed the Carson City
Sheriff to serve the complaint and summons on defendants Romeo Aranas,
Michael Minev, Jeremy Bean, Julie Matousek, Mr. Faliszek, Mrs. Ennis,
Bob Faulkner, N. Peret, G. Worthy, G. Martin, G. Bryan, James Tolman,
Jane Doe 1, and NaphCare, Inc., all parties associated with NDOC
(collectively, NDOC parties).3 Harris stated in court filings that the Carson
City Sheriff served the NDOC parties by way of the Office of the Attorney
General's (OAG) authorized individual on December 13, 2019, and
December 16, 2019.
In January 2020, respondent Williams brought a motion to
dismiss for failure to state a claim under NRCP 12(b)(5), asserting that the
complaint contained no facts that identified Williams by name, let alone
alleged his personal involvement in Harris's medical care or lack thereof.
Williams alternatively argued that he was entitled to qualified immunity
because the complaint contained no facts to establish that he violated
2 We omit discussion of the other parties and claims in Harris's
complaint that are not at issue in this appeal.
3The record contains alternate spellings of Michael Minev's, Jeremy
Bean's, and James Tolman's names: Michael Miner, Jeremy Dean, and
James Tulman, respectively. Respondents, in their motions to dismiss, did
not make any argurnents specific to NaphCare. They similarly make no
arguments as to NaphCare on appeal.
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Harris's constitutional rights. Harris opposed, alleging additional facts to
support Williams's notice of Harris's serious medical needs. Harris
described the contents of the first-level grievance as stating that he "was
experiencing a violation of [his] rights, both medical and [Elighth
[A]mendment, and that it was constituting cruel and unusual punishment."
He also pointed to NDOC's regulations that require Williams, by virtue of
his position as HIDSP's warden, to respond to Harris's first-level grievance.
Harris alleged that he attempted to speak about "this mattee with Williarns
in the prison's chapel sometime between July and September 2019, but that
Williams rebuffed the conversation. Harris also requested to amend his
complaint to add facts and a claim. Williams replied that the court could
not consider the allegations that Williams reviewed the first-level grievance
and that this review put Williams on notice of Harris's serious medical
needs, as they were alleged for the first time in Harris's -opposition.
Williams also contended that his personal involvement in the review and
denial of the grievance process did not "establish personal participation."
Williams did not address Harris's request to amend the complaint.
At a hearing,4 the district court granted the motion, dismissed
the complaint with prejudice, and declined to allow Harris to amend the
complaint. The court agreed that the coinplaint contained no allegatiOns to
establish Williams's personal participation in or awareness of the alleged
constitutional violation. Moreover; the court concluded that a response to a
4Harris requested that the district court compel his telephonic
appearance at the hearing on the motion to dismiss. Nothing in the record
indicates that the district. court ruled on the motion. However, FIarris
ultimately did not appear.
5
grievance does not, by itself, expose Williams to liability. Alternatively, the
court concluded that Williams was entitled to qualified immunity because
Harris failed to allege facts that Williams violated Harris's rights.' The
district court did not provide any rationale for denying Harris's request to
amend.
Thereafter, Harris moved the court to reconsider its order and
permit him to amend his complaint. While Harris claimed to possess,
among other items, "35+ evidence/exhibits spanning 66+ pagee to support
his allegations, he did not describe the contents of the documents. Williams
opposed, arguing that Harris failed to establish grounds for relief under
NRCP 60(b), but Williams did not address Harris's request for leave to
amend the complaint. The district court denied Harris's motion to
reconsider the judgment and, alternatively, to amend his complaint, finding
that Harris failed to establish grounds for relief under NRCP 60(b).
The remaining NDOC parties collectively filed a motion to
dismiss pursuant to NRCP 4(e)(2) in June 2020, approximately five months
after the latest date on which Harris alleged that he served all parties. They
maintained that Harris failed to satisfy one of two requirements for the
service of state officials or employees within the 120-day service period.
Further, they asserted that Harris neither sought by motion to extend the
service period nor showed good cause to grant such a motion. They argued,
'Although Harris challenges this decision on appeal, we do not need
to reach whether the district court erred in concluding that Williams was
entitled to qualified immunity because Williams concedes that "[i]t was
premature for the [d]istrict [c]ourt to address qualified immunity" and that
the district court placed the "burden" on Harris "to plead facts that negate
qualified immunity."
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therefore, that Harris's failure to properly serve them within the 120-day
period provided in NRCP 4(e)(1) required dismissal of the complaint
pursuant to NRCP 4(e)(2). The NDOC parties omitted any citation to or
mention of NRCP 4.2(d)(6) (requiring "a reasonable time to cure" defects in
service if preconditions are met). Harris opposed, arguing that he had
perfected service within the 120-day period and that, nonetheless, good
cause existed for an untimely request to extend the service period because
the prejudice to the NDOC parties was mitigated by their actual knowledge
of the lawsuit.
The district court granted the NDOC parties motion and
dismissed the complaint without prejudice. While the court found that
Harris "attempted to effectuate service" on the NDOC parties, it concluded
that Harris's failure to "personally serve any of the [NDOC parties] with a
copy of the summons and complaint" within the service period warranted
dismissal. Further, the court concluded that Harris neither sought an
extension of time nor established good cause for his failure to do so. This
appeal followed.
DISCUSSION
Harris properly pleaded a § 1983 claim against Williams
We review de novo a dismissal for failure to state a claim upon
which relief can be granted under NRCP 12(b)(5). Buzz Stew, LLC v. City
of North Las Vega.s, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008). Factual
allegations in the complaint are accepted as true, while inferences in the
complaint are drawn in favor of the plaintiff. Facklam v. HSBC Bank USA,
133 Nev. 497, 498, 401 P.3d 1068, 1070 (2017). A plaintiff fails to state a
claim for relief only "if it appears beyond a doubt that [he] could prove no
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set of facts" that "if true . . . entitle [hint] to relief."6 Buzz Stew, 124 Nev. at
228, 181 P.3d at 672. Under our notice-pleading standard, we "liberally
construe [the] pleadinge for "sufficient facts" that put the "defending party"
on "adequate notice of the nature of the claim and relief sought." W. States
Constr., Inc. v. Michoff, 108 Nev. 931, 936, 840 P.2d 1220, 1223 (1992).
Although we have not adopted the 'less stringent pro se standard used in
federal courts, see Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (quoting
Erickson v. Pardus, 551 U.S. 89, 94 (2007)), our notice-pleading standard
does not require the plaintiff to indiCate a specific "legal theory" or use
precise legalese" to give notice to the defending party. Liston v. Las Vegas
Metro. Police Dep't, 111 Nev. 1575, 1578-79, 908 P.2d 720, 723 (1995).
Williams argues that Harris's complaints of chest pains do not
establish serious medical needs, and therefore, any "inattentive response
to those complaints by prison officials does not amount to deliberate
indifference. Moreover, Williams asserts that Harris's complaint does not
make a direct connection between" Williams and the "alleged
constitutional injury," as there are no allegations that Williams knew of
Harris's medical needs or that prison officials denied Harris care. We
disagree.
6Contrary to Williams's suggestion, our notice-pleading standard is
not analogous to the federal plausibility standard for a motion to dismiss
for failure to state a claim. We have not adopted the federal standard.
Garcia v. Prudential Ins. Co. of Am., 129 Nev. 15, 18 n.2, 293 P.3d 869, 871
n.2 (2013).
8
Section 1983. which vindicates federal constitutional rights,
imposes liability where a defendant acts under color of state law to deprive
the plaintiff of a constitutional right. Gibson v. United States, 781 F.2d
1334, 1338 (9th Cir. 1986). The Eighth Amendment guarantees an inmate's
right to adequate medical care. Estelle v. Gamble, 429 U.S. 97, 103-04
(1976). Liability for constitutionally inadequate medical care attaches if the
defendant acted with deliberate indifference to the plaintiffs "serious
medical needs," id. at 106, and such deliberate indifference caused harm to
the plaintiff, Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir.
2008). The deliberate-indifference standard, for Eighth Amendment
purposes, comprises a subjective and an objective component "consistent
with recklessness in . . . criminal law." Farmer v. Brennan, 511 U.S. 825,
837 (1994). The subjective component requires that "the official knows of
and disregards an excessive risk to [the] inmatersj health." Id. The
objective component considers whether the risk to the inmate qualifies as
sufficiently serious to warrant treatment, or in other words. sufficiently
serious to constitute "unnecessary and wanton infliction of pain" in the
absence of such treatment. Snow v. McDaniel, 681 F.3d 978, 985 (9th Cir.
2012) (quoting Estelle, 429 U.S. at 104). overruled in part on other grounds
by Peralta v. Dillard, 744 F.3d 1076, 1083 (9th Cir. 2014).
Addressing the objective component first, Harris's complaint
alleges a set of facts that, if true, support a finding that he suffers or has
suffered from aihnents that constitute serious medical needs. Harris
described chest pains so severe that at one point they caused him to fall on
his knees in front of a nurse. While, as Williams points out, Harris did not
allege specific symptoms of cardiac distress, he alleged that the chest pains
persisted over months and appeared to worsen over that period such that
9
Harris became debilitated and bedridden by those pains. Harris also
averred that the delay in the provision of treatment of the chest pains
created a risk of heart attack, stroke, and even death. See Colwell v.
Bannister, 763 F.3d 1060, 1066 (9th Cir. 2014) (explaining that serious
medical needs "exist [] if [the] failure to treat the injury or condition could
result in further significant injury (quoting Jett v. Penner, 439 F.3d 1091,
1096 (9th Cir. 2006))). Further, Harris alleged that the cardiologist he
eventually saw on July 23, 2019, seven months after he initially complained
of the chest pains, told Harris to return in 30 days, an indication that "a
reasonable doctoF deemed these multiple incidents of chest pains as
“worthy of comment or treatment." See id. (noting that indications of
"serious medical need[s] include 'the existence of an injury that a reasonable
doctor or patient would find important and worthy of comment or
treatment; the presence of a medical condition that significantly affects an
individual's daily activities; or the existence of chronic and substantial
pain"' (quoting McGuckin v. Smith, 974 F.2d 1050, 1059-60 (9th Cir. 1992),
overruled in part on other grounds by WMX Techs., Inc. v. Miller, 104 F.3d
1133, 1136 (9th Cir. 1997))).
Turning to the subjective component second, the complaint also
alleges a set of facts that, if true, support a finding of Williams's deliberate
indifference. Harris described that he filed several grievances, one of
which—the first-level grievance—the parties agree Williams was required
by regulation to review, investigate, and answer, even though he was also
permitted to utilize staff to develop such response. Harris was not required
to cite NDOC regulations in his complaint in order for the allegations
regarding the first-level grievance to implicate Williams's involvement in
the constitutional violation. See Liston, 111 Nev. at 1578-79, 908 P.2d at
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723. Moreover, the complaint's narrative of events permits the inference
that the grievance made Williams aware of multiple instances where prison
staff members ignored, or at least minimized, Harris's complaints of
extreme chest pains and provided no contemporaneous treatment on any of
those multiple occasions on which he complained over an approximately six-
month period. By the time Harris received the denial of the first-level
grievance, he had been taken to a cardiologist two days after the scheduled
appointment, and still, no medical professional had treated or diagnosed the
extreme chest pains. These allegations support that Williams knew of
Harris's repeated complaints of extreme, debilitating chest pains over a six-
month period and of prison staffs failure to respond to those complaints.
Faced with this knowledge, Williams denied, through staff, the
grievance and made no efforts tO ensure Harris received treatment,
effectively ignoring persistent and credible complaints of inadequate care of
serious medical needs. And, as noted already, Harris alleged that the denial
of care both caused his condition to worsen, such that he became bedridden,
and created a risk of further harm, such as a heart attack, stroke, and even
death. Because the grievance alerted Williams to these issues, the denial
of the grievance, coupled with the failure to act, constituted an affirmative
decision to continue to deny or delay adequate treatment and to disregard
an excessive risk of further injury to Harris.7 Therefore, we conclude that
7 Contrary to Williams's assertion, the foregoing shows that the
complaint implicated Williams's personal participation because Harris
alleged facts to infer Williams knew of Harris's need for medical attention,
consciously failed to act, and thereby subjected Harris's health and safety
to an excessive risk. See, e.g., Maxwell v. County of San Diego, 708 F.3d
1075, 1086 (9th Cir. 2013) (explaining that § 1983 does not permit vicarious
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the district court erred by dismissing Harris's complaint on the basis that
he failed to allege a set of facts that, if true, entitle him to relief against
Williams under 42 U.S.C. § 1983 for Williams's deliberate indifference to
Harris's serious medical needs.8
Harris was entitled to additional time under NRCP 4.2(d)(6) to serve the
state officials or employees
While we generally review a dismissal based on the failure to
timely serve process for an abuse of discretion, Saavedra-Sandoval v. Wal-
Mart Stores, 126 Nev. 592, 595, 245 P.3d 1198, 1200 (2010), we review the
liability against a supervisor for the acts of his or her subordinates based
only on his or her status as a supervisor, and therefore requiring personal
involvement or participation in the constitutional violation); Arnett v.
Webster, 658 F.3d 742, 755, 757 (7th Cir. 2011) (explaining that actions
"satisf[y] the personal responsibility requirement" if the official "know[s]
about the conduct and facilitate[s] it, approve[s] it, condone[s] it, or turn[s]
a blind eye" to it (internal marks omitted) (quoting Gentry v. Duckworth, 65
F.3d 555, 561 (7th Cir. 1995))).
8Even if Harris's complaint failed to meet the notice-pleading
standard, we conclude that the district court abused its discretion in
refusing to allow Harris leave to amend. See Cohen v. Mirage Resorts, Inc.,
119 Nev. 1, 22, 23, 62 P.3d 720. 734, 735 (2003) (noting that leave to amend
is favored, particularly where "the request .. . c[omes] at an early stage of
the proceedings and in response to the motion to dismise). Harris's
opposition papers included additional allegations that implicated Williams
in the constitutional violation and suggested a proposed amendment would
not have been futile, such as the fact that Williams rebuffed Harris's
attempts to talk to Williams in the chapel about the lack of medical care, as
well as the fact that Harris described the contents of the first-level
grievance. See Halcrow, Inc. v. Eighth Judicial Dist. Court, 129 Nev. 394,
398, 302 P.3d 1148, 1152 (2013) (explaining that leave to amend is not
warranted "if the proposed amendment would be futile," or in other words,
the party's amendment presents no chance of survival past a motion to
dismiss).
12
interpretation of the Nevada Rules of Civil Procedure de novo, Vanguard
Piping v. Eighth Judicial Dist. Court, 129 Nev. 602, 607, 309 P.3d 1017,
1020 (2013). The rules "are subject to the same interpretative methods "as
statutes." Id. Accordingly, we begin with the text of the rule to determine
its "plain meaning." Id. We enforce a rule's "clear and unambiguous"
meaning without resorting to interpretative methods of statutory
construction. Id.Harris argues that the district court erroneously dismissed his
complaint against the NDOC parties based on his failure to satisfy one of
the two service requirements under NRCP 4.2(d)(2) within the 120 days
provided in NRCP 4(e)(1), because NRCP 4.2(d)(6) provided him with
additional time to cure the defect in service. We agree.
The interplay between NRCP 4(e) and NRCP 4.2(d) is an issue
of first impression for this court. NRCP 4(e)(1) generally requires the
plaintiff to serve the summons and copy of the complaint on the defendant
according to one of the methods prescribed therein "no later than 120 days
after the complaint is filed." The failure to serve within the 120-day period
requires dismissal of the action "without prejudice either on motion by the
defendant or by "the court's own order to show cause." NRCP 4(e)(2). But
the court "must extend the service period" on request by motion before the
service period has expired if a party shows "good cause" to grant the
extension. NRCP 4(e)(3). Further, even if the request to extend the period
comes after its expiration, the court nevertheless "must extend the service
perioe so long as the party shows "good cause" to explain the failure to
bring a timely motion and "good cause'' to grant the extension. NRCP
4(e)(4).
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NRCP 4.2 provides the various methods to serve a party within
the state, depending on the categorization of the party. Specific to actions
against former or current state officers and employees sued in their official
or individual capacities, NRCP 4.2(d)(2) imposes a dual-service
requirement. The plaintiff must deliver within the 120-day period "a copy
of the summons and complaint" to both of the following persons:
(A) the Attorney General, or a person
designated by the Attorney General to receive
service of process, at the Office of the Attorney
General in Carson City: and
(B) the current or former public officer or
employee, or an agent designated by him or her to
receive service of process.
NRCP 4.2(d)(2) (emphasis added). NRCP 4.2(d)(6) further provides that
"Mlle court must allow a party a reasonable time to cure its failure
to . . . serve a person required to be served undee subsection (d)(2) if the
party has timely served at least one of the other required parties (i.e., the
Attorney General or public employee).
NRCP 4.2(d)(6) does not require a party to file a motion to take
advantage of this cure period. Indeed, the "reasonable time to cure" does
not hinge on the failure to timely serve, but rather on the failure to serve
the appropriate individuals. While NRCP 4.2(d)(6) does not explicitly state
whether a party may take advantage of the cure period after the generally
applicable 120-day service period under NRCP 4(e)(1) has expired, the need
for additional time to cure service defects only makes sense if the period
supplements, or applies after, the 120-day service period. If we were to
interpret NRCP 4.2(d)(6) to apply only when the generally applicable
service period has not expired, we would render NRCP 4.2(d)(6) superfluous
14
because a party would still have time to cure the defect in service by
effectuating proper service within the 120-day period under NRCP 4(e).
However, we avoid interpretations that render language meaningless or
superfluous. See Great Basin Water Network v. Taylor, 126 Nev. 187, 196,
234 P.3d 912, 918 (2010).
Moreover, NRCP 4.2(d)(6)'s cure period iinplicitly acknowledges
the unique, and potentially confusing, dual-service burden imposed on a
plaintiff who brings a lawsuit against a public employee for acts related to
employment. Compare NRCP 4.2(d)(2)(A)-(B), with NRCP 4.2(a) (requiring
service only on a singular individual to serve a public employee if the
lawsuit is related to acts outside of employment). Additionally,
accomplishment of at least one service requirement ensures that either the
individual defendant or the individual defendant's counsel (i.e., the
Attorney General) has notice of the lawsuit, thereby rendering the other
service requirement less critical. In such circumstances, additional time
beyond the 120-day service period to perfect the dual-service requirement
does not prejudice the defendant, as he or she already has notice
individually or through counsel. Thus, NRCP 4.2(d)(6) recognizes the
additional dual-service burden for lawsuits against public officers or
employees over acts related to their employment by allowing plaintiffs a
reasonable time to cure defective service while NRCP 4.2s other provisions
do not make this allowance for other lawsuits that do not impose this dual-
se rvice requirement.
Accordingly, we conclude that NRCP 4.2(d)(6) requires a
district court to "allow" a plaintiff "a reasonable time" to cure his or her
failure to complete service on a state official or employee if he or she' has
served one of the two required service recipients according to the
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requirements set forth in NRCP 4.2(d)(2), even where the generally
applicable 120-day service period has expired. Our conclusion accords with
federal courts interpretation of the analogous federal rule. See, e.g.,
Lawrence v. Las Vegas Metro. Police Dep't, 451 F. Supp. 3d 1154, 1166 (D.
Nev. 2020) ("The Advisory Committee describes the cure provision as
requiring that 'a reasonable time to effect service on the United States must
be allowed after the failure is pointed out.'" (emphasis in original) (quoting
Fed. R. Civ. P. 4 advisory committee's note to 2000 amendment)), appeal
dismissed on other grounds sub nom. Lawrence v. Bohanon, 847 Fed. Appx.
516 (9th Cir. 2021), cert. denied, 142 S. Ct. 901 (2022). Moreover, we
conclude that NRCP 4(e)'s procedures to request an extension of the service
period do not apply to this cure period under NRCP 4.2(d)(6). Applying
those principles here, we further conclude that the district court's dismissal
of Harris's complaint based on his failure to comply with NRCP 4.2(d)(2)
was erroneous.9 The parties do not dispute that Harris complied. with
NRCP 4.2(d)(2)(A) within the 120-day period but failed to comply with
NRCP 4.2(d)(2)(B) within the 120-day period. Harris's compliance with one
of the two service requirements triggered NRCP 4.2(d)(6)'s cure period,
which required the court to allow Harris additional, albeit reasonable, time
to cure defects in service.1°
Because we conclude that NRCP 4.2(d)(6) required the district court
to allow Harris to cure the service defects within a reasonable time, we do
not address Harris's alternative argument that the district court abused its
discretion in concluding that no good cause existed for Harris's failure to file
a timely request or for an extension of the service period.
"We decline to consider respondents' arguments that Harris's failure
1
to identify the "Jane Doe'' defendants warrants dismissal of all claims
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CONCLUSION
We conclude that Harris alleged sufficient facts to put
respondent Williams on notice of the nature of the § 1983 claim against him
and to state such a claim for relief. Harris's allegations that he filed a first-
level grievance, which Williams was, by regulation, required to review and
answer, he received no medical care for repeated complaints of extreme
chest pains over a six-month period, he became debilitated and bedridden
by the persistent extreme chest pains, and Williams denied the grievance
all support Williams's knowledge and disregard of an excessive risk to
Harris's health.
We also conclude that NRCP 4.2(d)(6) requires the district court
to allow a plaintiff a reasonable time to cure defects in service, even after
the generally applicable 120-day service period under NRCP 4.2(e) expires,
if the party has timely fulfilled at least one of the two service requirements
under NRCP 4.2(d)(2) for service on public officers and employees sued over
acts or omissions relating to their duties or employment, regardless of
whether the plaintiff has filed a motion for an extension of time pursuant
against them and that Harris's failure to raise the issue on appeal
constitutes waiver, because respondents did not raise this argument below
in moving to dismiss, and the failure to identify the Doe defendants did not
factor into the district court's decision. See Garcia u. Prudential Ins. Co.
Arn., 129 Nev. 15, 19, 293 P.3d 869, 872 (2013) (noting that this court
[4
generally" does "not address an issue raised for the first time on appear
(quoting Durango Fire Prot., Inc. u. Troncoso, 120 Nev. 658, 661, 98 P.3d
691, 693 (2004))).
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( 60 9-17A
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to NRCP 4(e)(3). Because Harris timely served the remaining respondents
according to NRCP 4.2(d)(2)(A), he was entitled to additional time under
NRCP 4.2(d)(6) to comply with the second service requirement under NRCP
4.2(d)(2)(B), despite that the 120-day service period under NRCP 4(e) had
passed. We therefore reverse the district court's orders dismissing Harris's
complaint and remand for further proceedings consistent with this opinion.
•
J.
Cadish
We concur:
Silver
18