Nevada Revised Statutes
Nev. Rev. Stat. § 41.039 (2026)
Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer
✓ current as of July 2026
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NRS 41.039 Filing of valid claim against political subdivision condition
precedent to commencement of action against immune contractor, employee or
officer. An action which is based
on the conduct of any immune contractor, employee or appointed or elected officer
of a political subdivision of the State of Nevada while in the course of the
person’s employment or in the performance of the person’s official duties may
not be filed against the immune contractor, employee or officer unless, before
the filing of the complaint in such an action, a valid claim has been filed,
pursuant to NRS 41.031 to 41.038, inclusive, against the political
subdivision for which the immune contractor, employee or officer was authorized
to act.
(Added to NRS by 1968, 27; A 1987, 96, 544)
AWARD OF ATTORNEY’S FEES AND LITIGATION EXPENSES IN CRIMINAL ACTION IF POSITION OF STATE WAS VEXATIOUS, FRIVOLOUS OR IN BAD FAITH
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2020–2025 · leading case: Kille Sr v. Nevada Dep't of Pub. Saf. (D. Nev. 2020).
Kille Sr v. Nevada Dep't of Pub. Saf. (D. Nev. 2020). “) The Office 10 of the Attorney General states that it is not authorized to accept service for former 11 employees and cites NRS § 41.039. (Id.) 12 In reply, Plaintiff asserts that, prior to removal, he filed a motion for extension of 13 copy work in state court and, thus, the…”
Villarreal v. Correa (D. Nev. 2025). “Plaintiff further brings an indemnification claim 14 against Defendant City of North Las Vegas, which is not cognizable because NRS 41.039 15 requires Defendant City to indemnify Defendant Correa is this action.”
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