Claims against state top $1 million as Examiners board considers settlements

CARSON CITY (AP) - The state is being asked to pay out more than $1.1 million because of mistakes or misconduct by state employees

The state Board of Examiners, which meets Tuesday in Carson City, will consider making payments in seven cases ranging from the arrest of the wrong man to violating the rights of a University of Nevada, Las Vegas professor.

The wrongful arrest case involves a man named James Woods who was picked up in Indiana on a warrant issued by the Nevada Highway Patrol. Woods spent 10 days in jail and spent thousands of dollars in legal expenses to be freed.

The warrant turned out to be faulty. It said a white man by the name of James Wood who was born Oct. 22, 1960, should be arrested. The Highway Patrol actually wanted a James Wood who was black and had a birth date of June 23, 1952. Woods wants a $15,000 settlement.

A much larger payout - $830,000 - is recommended for former UNLV math professor Michael Golberg, who was fired while on extended sick leave. His contract provided him with due process rights including the right to a hearing if he was dismissed. He never received the hearing.

The state Attorney General's Office said Golberg ''was deprived of his constitutional right to his job for a period of 10 years.''

Golberg sought $1.2 million, but a settlement was reached, calling for UNLV and the state to each pay $415,000.

In another case, the state is being asked to pay $60,000 to cover the legal costs of Corrections Officer Michael Scheel after the Attorney General's Office refused to represent him in a civil case.

Scheel and a fellow corrections officer, Dave Rowel, were accused of trying to beat confessions out of two inmates after urine and bleach were thrown on a fellow officer at the Ely State Prison. The Attorney General's Office prosecuted Scheel and Rowel. Rowel was convicted of battery and Scheel was acquitted.

The inmates, Robert Eberly and David Clemmens, then filed a civil suit for damages against the two guards. The Attorney General's Office declined to represent the corrections officers, saying the beating was outside the bounds of the officers' employment.

The two officers prevailed at the civil trial. Earlier this year the state paid $165,881 to Rowel to cover his legal and court costs on the civil trial, even though he was convicted in the criminal case. The examiners board is being asked to pay $60,000 to Scheel for his legal fees.

In other cases, the Board of Examiners is being asked to approve:

- $175,000 for a mentally ill inmate at the Southern Desert Correctional Center in Indian Springs, most of it for attorney fees. Prisoner Michael Oden was beaten, extorted and ultimately raped by fellow convict James Patterson.

Investigators said Patterson, because of his past violent behavior, should not have been in the general population at the prison. And Oden, because of his mental illness, should have been assigned elsewhere. Oden had sought $997,000.

- $50,000 for Ronald Schaab, who was injured when hit by a vehicle driven by state Transportation Department employee Tim Ruguleiski on June 24, 1997, in Las Vegas.

- $12,500 for Rosie Frausto of Las Vegas, whose car was rear-ended by Nevada Highway Patrol Trooper Seong Lee on July 4, 1998. The investigation said the accident was caused by Lee's inattention.

- $17,573 for Beverly Ann Johnson for injuries she suffered when a state van collided with her car in a parking lot in Las Vegas. The driver of the van was Jason Nelson of the state Division of Child and Family Services.