NRS
41.0307 “Employee,” “employment,” “immune contractor,” “public officer”
and “officer” defined. As used in
NRS 41.0305 to
41.039, inclusive:
1. “Employee” includes an employee of a:
(a) Part-time or full-time board, commission or
similar body of the State or a political subdivision of the State which is
created by law.
(b) Charter school.
(c) University school for profoundly gifted
pupils described in chapter 388C of NRS.
2. “Employment” includes any services
performed by an immune contractor.
3. “Immune contractor” means any natural
person, professional corporation or professional association which:
(a) Is an independent contractor with the State
pursuant to NRS 333.700; and
(b) Contracts to provide medical services for the
Department of Corrections.
Ê As used in
this subsection, “professional corporation” and “professional association” have
the meanings ascribed to them in NRS 89.020.
4. “Public officer” or “officer” includes:
(a) A member of a part-time or full-time board,
commission or similar body of the State or a political subdivision of the State
which is created by law.
(b) A public defender and any deputy or assistant
attorney of a public defender or an attorney appointed to defend a person for a
limited duration with limited jurisdiction.
(c) A district attorney and any deputy or
assistant district attorney or an attorney appointed to prosecute a person for
a limited duration with limited jurisdiction.
(Added to NRS by 1977,
1536; A 1981,
247; 1987,
95, 539;
1989,
695; 1991,
142; 1993,
2261; 1997,
914; 1999,
3319; 2001
Special Session, 213; 2003,
329; 2005,
2430; 2009,
2231)
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1979–2023 · leading case:
Morgano v. Smith, 879 P.2d 735 (Nev. 1994).
Morgano v. Smith, 879 P.2d 735 (Nev. 1994).
“2d 343 (1989), NRS 41.0307(4)(b) has been amended. A “public officer” or “officer” now includes not only a public defender but also “an attorney appointed to defend a person for a limited duration with limited jurisdiction.”
Ramirez v. Harris, 773 P.2d 343 (Nev. 1989).
“Moreover, NRS 41.0307(4)(b) defines the terms “public officer” and “officer” to include “[a] public defender and any deputy or assistant attorney of a public defender.”
Battiato v. Sheriff, 594 P.2d 1152 (Nev. 1979).
“See NRS 41.0307 (defining “public officer” for actions against the state); NRS 169.”
O'Neil v. Las Vegas Metro. Police Dep't, No. 2:22-cv-00474 (D. Nev. Apr. 26, 2023).
· cites it 3× “) Defendant Wellpath seeks dismissal of all the claims against it and makes 9 four arguments: (1) Wellpath is an “immune contractor” under NRS 41.0307; (2) 10 Plaintiff fails to plead any specific factual allegations against Wellpath; (3) Plaintiff 11 fails to plead how…”
Am. Preparatory Schs., Inc. v. Nevada Charter Academies, No. 2:20-cv-01205 (D. Nev. Oct. 28, 2020).
· cites it 2× “032(2) (providing immunity to “employees” of a “charter school” and “any officer, employee, or immune subcontractor” for a “political subdivision” of 17 the state, which is expressly defined to include “the governing body of a charter school.”
Nev. Rev. Stat. § 41.0307(3): 1 case
O'Neil v. Las Vegas Metro. Police Dep't, No. 2:22-cv-00474 (D. Nev. Apr. 26, 2023).
“) Defendant Wellpath seeks dismissal of all the claims against it and makes 9 four arguments: (1) Wellpath is an “immune contractor” under NRS 41.0307; (2) 10 Plaintiff fails to plead any specific factual allegations against Wellpath; (3) Plaintiff 11 fails to plead how…”
Nev. Rev. Stat. § 41.0307(4)(b): 2 cases
Morgano v. Smith, 879 P.2d 735 (Nev. 1994).
“2d 343 (1989), NRS 41.0307(4)(b) has been amended. A “public officer” or “officer” now includes not only a public defender but also “an attorney appointed to defend a person for a limited duration with limited jurisdiction.”
Ramirez v. Harris, 773 P.2d 343 (Nev. 1989).
“Moreover, NRS 41.0307(4)(b) defines the terms “public officer” and “officer” to include “[a] public defender and any deputy or assistant attorney of a public defender.”
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