Recent Cases viii Defense Comment Summer 2019 Summary of Selected Nevada Supreme Court Cases By Mary-Ann Ellis Georgeson Angaran, Chtd. TORTS Craig v. Donnelly -- P.3d --, 135 Nev. Adv. Op. 6, Nev., Feb. 28, 2019. In this case, the Nevada Court of Appeals considered whetheraplaintiffmustcomplywiththejurisdictional naming requirements under NRS 41.031 and NRS 41.0337 in order to proceed with a 42 USC §1983 civil rights claim. Plaintiff filed a civil rights complaint pursuant to 42 USC § 1983 and NRS 41.031 naming employees of the Nevada Department of Corrections as Defendants. Defendants moved to dismiss, arguing that the State needed to be named under NRS 41.031 and NRS 41.0337. The motion was granted, and the appeal followed. Under NRS 41.031, the State waived its sovereign immunity from civil liability in certain circumstances. It requires the State be named in order for the waiver of immunity to be invoked. NRS 41.0337 further states that to pursue a tort claim against a state employee, the complaint must name the State as a party. NRS41.031andNRS41.0337thereforerequireplaintiffs bringing state tort claims against the State of Nevada and its employees to specifically name the State as a party in order to invoke the State’s waiver of sovereign immunity. However, under 42 USC § 1983, plaintiffs mayonlybringsclaimsagainsta“person”andtheState and its employees acting in their official capacities are not considered “persons” for this type of claim under the law. Because the State cannot be named as a party to a § 1983 civil right action, the Court held that the statutory requirements of NRS 41.031 and NRS 41.0337 do not apply to 42 USC § 1983 claims. Here, the state employees, in their individual capacities, were the proper defendants to the claims, not the State. Accordingly, when a plaintiff seeks to bring state tort claims and § 1983 claims against state employees, the state tort claims themselves must name the state employees as well as the State to perfect waiver of sovereign immunity. Claims brought under § 1983 needonlynamethestateemployeesintheirindividual capacities. Onsuchbasis,theCourtreversedandremandedtothe district court Order as to the § 1983 claims.