Civil Court Grants Motion against Liability Premised on Alford Plea in Nevada Case of First Impression

January 11, 2012

On an issue of first impression before the Nevada court, Bryan J. Ure successfully argued a motion asserting that conclusive liability cannot be premised on an Alford plea where the underlying facts are not admitted, even though a conviction results.

The criminal court prosecuted the defendant for sexual assault and battery. The defendant had entered an Alford guilty plea, denying all underlying facts of the case and asserting innocence. The plaintiff then filed a civil complaint against the defendant for assault and battery and attempted to establish conclusive liability. Under Nevada law, conclusive civil liability is established if a conviction is entered for a crime that results in bodily harm.

The court granted the defendant’s motion arguing that liability could not be premised on an Alford plea and the plaintiff was ordered to amend the complaint.