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Case Information
Filed
2025-01-09
Type
Other Tort
Docket
36 entries
Disposition
order of dismissal
Parties
Plaintiff
Cervantes, Edward A
Defendant
Clark County Social Services
Docket Entries
- Order of Dismissal Doc ID# 37 [37] Order for Dismissal
- Request Doc ID# 2 [2] Request for Fee Waiver and Hardship Affidavit
- Demand Doc ID# 3 [3] Demand for Affirmation and Action for Disbursement of Funds
- Declaration Doc ID# 4 [4] Declaration of Eligibility and Compliance with Housing Assistance Criteria ; To the Honorable Court: I, Edward A. Cervantes, duly submit this Declaration of Eligibility and Compliance with Housing Assistance Criteria, in furtherance of my application for housing assistance and related support services under the Continuum of Care (CoC) and relevant HUD initiatives, pursuant to the provisions of the Violence Against Women Act (VAWA), specifically 34 U.S.C. 12491 et seq., and in accordance with the applicable Nevada Revised Statutes (NRS), including NRS 425.340. I. Factual Background and Jurisdictional Basis I am a 25-year-old male survivor of human sex trafficking, facing significant challenges due to a documented history of trauma, including a Traumatic Brain Injury (TBI) and co-occurring mental health disorders as classified by the International Classification of Diseases (ICD) codes: F41.1 (Generalized Anxiety Disorder), F33.1 (Major Depressive Disorder), G47.0 (Insomnia), and F12.20 (Cannabis Dependence). Under VAWA, I am entitled to comprehensive protections, as outlined in 34 U.S.C. 12291(b)(2), which mandates that recipients of federal housing assistance do not face discrimination based on their status as victims of domestic violence, dating violence, sexual assault, or stalking. II. Eligibility for Housing Assistance 3. As delineated in HUD's Continuum of Care Program, I fulfill the eligibility criteria for financial assistance and supportive housing programs, including Section 8 and Section 811 Project Rental Assistance (PRA), which provide vital resources for individuals with disabilities and victims of human trafficking. 4. In compliance with the employment provisions set forth by the Southern Nevada Regional Housing Authority (SNRHA) and in furtherance of my recovery efforts, I have engaged in plasma donation as a recognized form of employment under Nevada law, contributing to my financial independence. III. Legal Framework Supporting Continued Assistance 5. Based on the foregoing factors and pursuant to NRS 425.340, which mandates the provision of necessary support services to victims of domestic violence and trafficking, I formally ask that the court recognizes my eligibility and compliance with relevant housing assistance criteria. 6. Additionally, under VAWA, I request that the court acknowledge my right to pursue legal remedies without limitation related to trauma-induced claims, as articulated in 18 U.S.C. 1595, which provides for civil remedies for trafficking victims. IV. Motion for Leniency and Cessation of Sanctions 7. In consideration of the forthcoming meeting scheduled for January 24, 2025, I respectfully request that the court mandate Ms. Sawyer to provide a formal response regarding the administration of leniency in support of my motion for the cessation of sanctions, dismissal of complaints with prejudice, and final settlement terms. Such action is anticipated to facilitate the resolution of ongoing disputes without further recourse to litigation. V. Conclusion and Affirmation 8. I affirm that all statements herein are true and correct to the best of my knowledge and belief. I seek the Court's favorable consideration of my eligibility for housing assistance and the comprehensive support needed to restore my independence and dignity, in alignment with federal mandates under VAWA and state regulations outlined in NRS.
- Affidavit Doc ID# 5 [5] Affidavit of Support for Continuum of Care (CoC) and HUD Program Eligibility Case No: A-25-909657-C Department 10 Clark County, Nevada This Affidavit is submitted in support of the application for housing and supportive services under the Continuum of Care (CoC) and U.S. Department of Housing and Urban Development (HUD) programs, including Section 8 (Housing Choice Vouchers), Project-Based Vouchers (PBV), and Section 811 Project Rental Assistance (PRA). The affiant, Edward A. Cervantes, a survivor of human sex trafficking and an individual with disabilities (including traumatic brain injury, generalized anxiety disorder, major depressive disorder, insomnia, and cannabis dependence), requests assistance due to his homelessness, disability status, and qualification under the Violence Against Women Act (VAWA). The affidavit details the affiant's eligibility, the programs for which he seeks assistance, and the steps he is taking to secure housing and support services.
- Demand Doc ID# 6 [6] FORMAL DEMAND FOR FINANCIAL RELIEF, RELOCATION FUNDING, AND PUNITIVE DAMAGES Filing Description: Formal Demand for Financial Assistance, Relocation Funding, and Legal Compliance I. Introduction Comes now the Plaintiff, Edward A. Cervantes, who, in his capacity as a Qualified Victim under the Violence Against Women Act (VAWA), submits this Formal Demand for Financial Relief, Relocation Funding, and Punitive Damages against the Defendant, Jennifer Henry, Caseworker at the Clark County Department of Social Services (CCSS). This demand arises from the egregious negligence, systemic non-compliance, and administrative misconduct perpetrated by CCSS personnel, thereby violating binding obligations established under the Social Security Administration (SSA) Blue Book Listings (12.04 and 12.06), as well as relevant provisions of the Violence Against Women Act (34 U.S.C. 12491) and Nevada Revised Statutes (NRS 118A.345 and NRS 281.025). II. Demand for Immediate Disbursement The Defendant's willful inaction and neglect have led to significant financial hardship, reinforcing my housing instability. Formal notification of my eligibility for financial assistance based on qualifying medical conditions as delineated in the SSA Blue Book Listings 12.04 and 12.06 must be acknowledged, thus mandating an immediate disbursement of necessary funds. Under VAWA's explicit protections, as referenced in 34 U.S.C. 12491, discrimination or denial of housing financial assistance based on survivor status is actionable. III. Systemic Failures and Financial Distress As of January 9, 2025, legal complaints citing gross negligence, discrimination, and professional misconduct under NRS statutes have been filed and accepted. Residual penalties commenced on January 8, 2025, accruing at a rate of $535/day due to the Defendant's failure to disburse approved funds totaling $535, in violation of NRS 118A.345, which emphasizes tenant protections during financial distress. As delineated in the demand, if the residual penalties are not satisfactorily addressed, a motion for contempt of court will be filed against Jennifer Henry no later than February 22, 2025, invoking judicial remedies for her persistent non-compliance. IV. Legal Remedies and Accountability I seek to compel accountability through enforcement actions, including but not limited to wage garnishments as authorized under NRS Chapter 31, imposition of punitive damages for acknowledges non-compliance, and demands for liens on assets. The provision of immediate funds to further mitigate damages caused by the Defendant's inaction is imperative, underlining the necessity for responsiveness to the court's own mandates concerning vulnerable populations as stipulated by federal law. Judicial processes need to reflect rigorous adherence to federal protections (34 U.S.C. 12491) as well as state statutes that govern professional conduct of public employees (NRS 281.025). V. Conclusion In light of the aforementioned grievances and violations, the Plaintiff respectfully demands: The immediate disbursement of relocation assistance funds totaling $3,300 to stabilize housing conditions. A comprehensive acknowledgment of the systemic deficiencies within CCSS that contributed to these challenges. Compensatory damages in the amount of $100,000 for the enduring emotional distress, financial instability, and punitive damages incurred as a consequence of the Defendants gross negligence and misconduct.
- Declaration Doc ID# 7 [7] Declaration in Support
- Request Doc ID# 8 [8] Filing Title: Formal Submission of Request for Disbursement of Financial Assistance and Relocation Support Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This formal submission details the petitioners request for the immediate disbursement of financial assistance and relocation support pursuant to the Nevada Relocation Act, Violence Against Women Act (VAWA), Continuum of Care (CoC) Program, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), and the Welfare Set-Aside Program (WSAP). The request emphasizes the petitioners legal entitlements, the urgent need for intervention, and the comprehensive evidence provided to substantiate the request. Key Sections of the Submission: Request for Relocation Assistance and Financial Support: The petitioner, Edward A. Cervantes, a VAWA-protected individual and victim of human trafficking, seeks financial aid for security deposits, first months rent, and backdated rent to address the consequences of an unlawful displacement on July 29, 2024. Comprehensive Documentation in Support: The submission includes a wide array of supporting materials that provide a thorough and detailed account of the petitioners circumstances: Receipt of Filing: Acknowledges the submission and verifies accompanying evidence. Emergency Lease Agreement: Confirms the terms of the petitioners relocation arrangement. Financial Records: Detailed transaction histories from plasma donations, Wisely Online Banking, and Cash App. Supplementary charts visually demonstrate income trends and financial allocation, highlighting the precarious and unstable nature of the petitioners financial situation. Proof of Pending SSI: Verifies the petitioners application for Social Security benefits, demonstrating ongoing financial hardship. Medical Statement and Psychological Justification: Authored by Ms. Elsie Creason, DNP, documenting the petitioners traumatic brain injury (TBI), mental health conditions, and prescribed medications, as well as the psychological impact of human trafficking and displacement. Court-Stamped Complaints: Legal filings addressing negligence, professional misconduct, and systemic failures that exacerbated the petitioners hardship. Legal and Financial Justification: The submission outlines the petitioners eligibility for assistance under federal and state statutes, including: VAWA protections under 42 U.S.C. 1437f and 24 CFR 5.2005, ensuring housing rights for trafficking survivors. Nevada Relocation Act provisions for displaced individuals. CoC Program prioritization for individuals with severe trauma and housing instability. SSA Blue Book criteria supporting financial assistance for individuals with PTSD, Generalized Anxiety Disorder (GAD), and Major Depressive Disorder (MDD). Funding Request Details: The petitioner formally requests $11,000, allocated as follows: Security Deposit and First Months Rent: $3,300 for new housing. Backdated Rent: $7,700 to compensate for seven months of displacement caused by the unlawful lockout.
- Exhibits Doc ID# 9 [9] Filing Title: Exhibits in Support of Petition Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: The petitioner, Edward A. Cervantes, submits a comprehensive compilation of exhibits to substantiate claims of systemic failures, financial hardship, and housing instability. These exhibits are submitted in support of the petition to seek financial assistance, housing support, and legal remedy. Each exhibit serves as critical evidence underscoring the petitioners legal entitlements and the urgency of intervention. Exhibit Overview and Commentary: Exhibit A: Printouts of the Last 90 Days of Transactions This exhibit highlights the petitioners financial instability, presenting records of plasma donations, Wisely Online Banking statements, and Cash App transactions. Supplementary visual aids, including a bar chart of income trends, emphasize the inconsistent and insufficient nature of the petitioners income. Court Commentary: These records demonstrate the dire financial situation and reliance on irregular income sources, underscoring the petitioners need for immediate financial assistance. Exhibit B: Proof of Pending Social Security Income (SSI) Documentation of the petitioners pending SSI application substantiates ongoing financial hardship and validates the request for assistance. Court Commentary: This exhibit is critical in establishing eligibility for Social Security benefits and reinforces the financial urgency outlined in the petition. Exhibit C: Copy of Vocational Rehabilitation Appointment Confirmation of a scheduled vocational rehabilitation appointment with Rita Spearman demonstrates the petitioners proactive efforts toward financial independence. Court Commentary: This evidence highlights the petitioners commitment to rehabilitation and self-sufficiency, aligning with the goals of federal and state support programs. Exhibit D: Medical Statement Authored by Ms. Elsie Creason, DNP, this statement details the petitioners traumatic brain injury (TBI), medical history, and prescribed medications, substantiating eligibility under the SSA Blue Book criteria. Court Commentary: This exhibit provides a robust medical basis for the petitioners claims, reinforcing the necessity for housing and financial support to ensure continued treatment and recovery. Exhibit E: DOC#176330 - Proof of VAWA Protected Status A certified document issued by the Colorado Department of Victim Services verifies the petitioners status as a VAWA-protected individual. Court Commentary: This exhibit establishes the petitioners eligibility for protections and support under VAWA, emphasizing the systemic violations contributing to the petitioners hardships. Exhibit F: Copies of Court-Stamped Complaints Certified complaints detail systemic failures, professional misconduct, and negligence that exacerbated the petitioners housing and financial instability. Court Commentary: These filings reinforce the petitioners claims and document the legal violations that necessitate court intervention. Exhibit G: Documents in Support of Financial Assistance and Relocation Request This exhibit compiles critical documents supporting the petitioners formal request for financial and housing assistance. Included are a cover letter, psychological analysis, and an emergency lease agreement. Court Commentary: This compilation provides comprehensive evidence of the petitioners eligibility for assistance, urgency of circumstances, and compliance with program requirements.
- Exhibits Doc ID# 10 [10] Filing Title: Exhibit A: Printouts of the Last 90 Days of Transactions Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit contains a detailed record of the petitioners financial transactions over the past 90 days, showcasing the instability and insufficiency of their financial situation. The submitted documents include records of plasma donations, online banking activity, third-party payment history (Cash App), and CSL payments, collectively illustrating the irregularity and limited nature of the petitioners income. Exhibit Contents: Plasma Donations: This section presents records of plasma donations made during the 90-day period, highlighting the temporary and insufficient nature of this income source. The records provide context to the financial struggles the petitioner faces in covering essential expenses. Wisely Online Banking Statements: These statements reflect the financial activity in the Wisely account, established on January 6, 2025, through the Randstad Gig App. Despite enrollment in this gig employment platform, the petitioner has not secured any paid employment, and no transactions have been recorded to date. An attached email confirms the creation of the account and debit card. Cash App History: Detailed transactional records from Cash App provide insight into the petitioners financial fluctuations, including small transfers that further emphasize the precarious financial circumstances. November 2024: $0.61 (from "To Cash App Transfer" on Nov 21) December 2024: $100.00 (Christmas gift from Joseph on Dec 24) January 2025: No income, with Cash App statements for January not yet available. CSL Payments: The CSL program payments are recorded for the months of November, December, and January, reflecting minimal financial assistance: November 24, 2024: $47 December 2, 2024: $47 January 2, 2025: $45 January 4, 2025: $45 Bar Chart: Income Trends Over 90 Days: A separate visual document, the bar chart, has been submitted to illustrate the fluctuations and inconsistencies in the petitioners income over the past 90 days. This chart visually emphasizes the lack of stable financial resources, further supporting the request for urgent financial assistance.
- Exhibits Doc ID# 11 [11] Filing Title: Exhibit B: Proof of Pending Social Security Income (SSI) Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit contains documentation confirming the petitioners pending application for Social Security Income (SSI) benefits, which was submitted on Sunday, January 5, 2025, at 3:08 PM. The application is currently under review and pending approval. This exhibit is submitted to support the petitioners claim of ongoing financial hardship and to underscore the urgency of the petitioners need for immediate assistance. Exhibit Contents: Documentation of Pending SSI Application: The exhibit includes a formal record of the petitioners application for SSI benefits, clearly noting the submission date and current status of the application (under review and pending approval). This documentation serves as a critical piece of evidence, validating the petitioners claim of financial instability and substantiating the need for immediate assistance while awaiting approval. Evidence of Ongoing Financial Hardship: The pending SSI application further illustrates the petitioners need for urgent support, as the outcome of this application is integral to stabilizing their financial situation. This application serves as a legal basis for requesting immediate housing and financial assistance.
- Exhibits Doc ID# 12 [12] Filing Title: Exhibit C: Copy of Vocational Rehabilitation Appointment Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit provides confirmation of the petitioners scheduled Vocational Rehabilitation intake appointment with Rita Spearman on January 22, 2025, from 10:00 AM to 11:00 AM PST. The appointment will be conducted via Sara Video, reflecting the petitioners proactive efforts to achieve financial independence and stability through vocational training and rehabilitation services. This appointment is a critical step toward improving the petitioners circumstances and securing long-term financial stability. Exhibit Contents: Confirmation of Vocational Rehabilitation Appointment: This document provides official confirmation of the petitioners scheduled appointment for Vocational Rehabilitation intake with Ms. Rita Spearman. The appointment, set for January 22, 2025, from 10:00 AM to 11:00 AM PST, will be conducted via Sara Video, ensuring the petitioners active participation in rehabilitation services. Commitment to Skill Development and Employment Readiness: The inclusion of this appointment emphasizes the petitioners proactive commitment to improving their circumstances through skill development. By engaging in vocational rehabilitation, the petitioner is working toward enhancing their employability and securing financial stability. Support for Overcoming Financial and Personal Challenges: This exhibit underscores the petitioners active participation in programs aimed at overcoming ongoing financial and personal challenges. It demonstrates that the petitioner is taking the necessary steps to regain independence and move toward sustainable financial security.
- Exhibits Doc ID# 13 [13] Filing Title: Exhibit E: DOC#176330 - Proof of VAWA Protected Status Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit contains a certified document issued by the Colorado Department of Victim Services Unit, verifying the petitioners status as a VAWA-protected individual. The document, which is endorsed by Colorado State Governor Jared S. Polis and Dean Williams, Executive Director of the Colorado Department of Public Safety, serves as formal proof of the petitioners eligibility for protections and support under the Violence Against Women Act (VAWA). Additionally, attached to this exhibit is an affidavit from Sean Crumpler, which provides a detailed account of the petitioners victimization as a human sex trafficking victim during their minor years. The affidavit references key events, including the petitioners abduction at McDonalds on Cherry St. in North Long Beach, CA, and affirms that the petitioner is the primary victim in the case. This affidavit further substantiates the petitioners VAWA-protected status and the ongoing psychological and emotional impact of the trauma endured. Exhibit Contents: Certified Document of VAWA-Protected Status: The certified document from the Colorado Department of Victim Services Unit verifies the petitioners VAWA-protected status. The endorsement by the Colorado State Governor and the Executive Director of the Colorado Department of Public Safety solidifies the petitioners eligibility for the protections afforded under VAWA. Affidavit of Sean Crumpler: The affidavit details the petitioners victimization as a human sex trafficking victim, specifically during their minor years. It references significant events, including the abduction at McDonalds in North Long Beach, CA, and affirms that the petitioner is the primary victim in this case. This affidavit further strengthens the petitioners claim and provides an in-depth explanation of the ongoing impact of the trauma sustained from the petitioners victimization. Substantiation of VAWA-Protected Status: The exhibit collectively provides substantial evidence of the petitioners VAWA-protected status, further supporting the claim for the disbursement of relocation and financial assistance, as outlined under VAWA and associated federal protections.
- Exhibits Doc ID# 14 [14] Filing Title: Exhibit F: Copies of Court-Stamped Complaints Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit includes certified copies of court-stamped complaints, documenting the formal legal actions taken by the petitioner to address the systemic failures that have significantly contributed to their ongoing housing crisis and financial instability. The filings presented within this exhibit highlight the petitioners legal claims related to negligence, professional misconduct, and discriminatory practices by various parties, which have exacerbated the petitioners current circumstances. The exhibit includes the following legal filings: Complaint for Damages and Injunctive Relief: This complaint outlines the damages incurred by the petitioner due to negligence and the failure of relevant parties to act in accordance with established procedures. The complaint also requests injunctive relief, seeking court intervention to prevent further harm and to ensure compliance with the relevant laws and regulations. This includes a request to halt any further unlawful actions and to ensure that appropriate support and protections are provided to the petitioner. Complaint for Negligence, Professional Misconduct, and Discrimination: This filing addresses instances of professional misconduct, discriminatory practices, and negligence that have exacerbated the petitioners financial and housing challenges. The filing also details the impact of these actions, which have delayed the provision of critical financial support and housing stability. The petitioners legal claim underscores the need for corrective measures and accountability to address these ongoing challenges. Exhibit Contents: Certified Copies of Court-Stamped Complaints: The exhibit contains certified copies of the petitioners Complaint for Damages and Injunctive Relief and Complaint for Negligence, Professional Misconduct, and Discrimination. These filings document the legal actions taken in response to the systemic failures that have contributed to the petitioners ongoing hardship. Impact of Legal Failures: The included complaints reinforce the gravity of the systemic issues faced by the petitioner, highlighting negligence, misconduct, and discriminatory practices that have delayed or obstructed financial and housing support, further compounding the petitioners difficulties.
- Exhibits Doc ID# 15 [15] Filing Title: Exhibit G: Documents in Support of Financial Assistance and Relocation Request Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit contains critical documents submitted in support of the petitioners formal request for financial assistance and relocation support under the following legal frameworks: Nevada Relocation Act Violence Against Women Act (VAWA) Continuum of Care (CoC) Program Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) Welfare Set-Aside Program (WSAP) These documents collectively demonstrate the petitioners urgent need for intervention and support, while providing comprehensive evidence of their eligibility for the requested assistance. The documents further emphasize the petitioners entitlement to these resources under the applicable legal protections afforded to them. Included Documents: Cover Letter: A formal submission of the petitioners Request for Disbursement of Financial Assistance and Relocation Support, which outlines the relevant legal frameworks entitling the petitioner to assistance. This cover letter also emphasizes the critical nature of the petitioners current circumstances and the urgent need for immediate action. Comprehensive Psychological Ramifications and Legal Justification: Authored by Ms. Elsie Creason, DNP, this document details the psychological and legal impacts of the petitioners traumatic experiences as a VAWA-protected individual and victim of human trafficking. It substantiates the urgency of the petitioners situation and supports the eligibility for financial and housing assistance. Emergency Lease Agreement: A lease agreement executed with the petitioners landlord, Marckale Hall, providing immediate housing stability. This document reflects the terms of the petitioners relocation and substantiates the necessity of prompt disbursement of financial assistance to meet their housing needs. Exhibit Contents: Cover Letter: Emphasizing urgency and entitlement under the relevant legal frameworks. Comprehensive Psychological Ramifications and Legal Justification: Detailing the psychological impact of trauma and supporting eligibility for assistance. Emergency Lease Agreement: Providing evidence of immediate housing needs and the necessity of financial assistance.
- Exhibits Doc ID# 16 [16] Filing Title: Exhibit D: Medical Statement Case Information: Court: Eighth Judicial District Court, Clark County, Nevada Case Number: A-25-909657-C Department Number: 10 Filing Summary: This exhibit includes a medical statement authored by Ms. Elsie Creason, DNP, of Advance Primary & Psychiatric Care PLLC. The statement provides a detailed account of the medical history of the petitioner, which includes the diagnosis of a traumatic brain injury (TBI) and the ongoing prescriptions required for managing the petitioners medical conditions. This exhibit further documents the severity of the injuries sustained by the petitioner and the continuing effects of the traumatic events. Included Documentation: Medical Statement by Ms. Elsie Creason, DNP: The statement outlines the petitioners diagnosed medical conditions, including: Traumatic Brain Injury (TBI), including details of a closed fracture of the frontal bone and superior orbital wall. Diffuse traumatic brain injury with loss of consciousness. Intraparenchymal hemorrhage and subarachnoid hemorrhage in the brain. Right pulmonary contusion and shoulder fracture. Multiple lacerations and additional brain disorders related to the traumatic events endured. The statement also documents ongoing medical care, including treatments for mental health conditions resulting from the trauma, such as Post-Traumatic Stress Disorder (PTSD), Generalized Anxiety Disorder (GAD), and Major Depressive Disorder (MDD). Health Summary for Edward A. Cervantes: A summary of active medical problems, including the long-term effects of traumatic injuries, further emphasizing the severity of the petitioners condition. Prescriptions from Diamond Specialty Pharmacy: Paroxetine HCL 10 mg tablet (30-day supply), prescribed on 12/26/2024 by Dr. Elsie Creason. Tizanidine HCL 4 mg tablet (30-day supply), prescribed on 12/26/2024 by Dr. Elsie Creason. Trazodone 50 mg tablet (30-day supply), prescribed on 12/26/2024 by Dr. Elsie Creason. These prescriptions confirm the ongoing treatment plan required for the petitioners mental health and physical recovery. Exhibit Contents: Medical Statement: Detailed account of the petitioners medical history and the ongoing impact of their traumatic injuries. Health Summary: Active medical issues outlined, further demonstrating the severity and chronic nature of the petitioners health conditions. Prescriptions: Official prescriptions validating the need for continued medical care and treatment.
- Petition Doc ID# 17 [17] Petitioner's Formal Request for Assistance and Support
- Affidavit Doc ID# 18 [18] Filing Title: Affidavit of Service, Request for Written Confirmation, Legal Notice of Negligence, and Emergency Petition for Relief Filing Description: This filing contains an Affidavit of Service submitted by Petitioner, Edward A. Cervantes, in support of his Petition for Financial Assistance and Relocation Support submitted to the Clark County Department of Social Services. The affidavit outlines the submission of the requested documentation, the failure of the caseworker, Ms. Virginia Sawyer, to acknowledge receipt or provide any updates, and a request for confirmation of the status of the petition. Additionally, this filing includes a Notice of Legal Action for negligence, highlighting potential legal ramifications if the requested action is not taken in a timely manner. Finally, the affidavit presents an Emergency Petition for Relief in light of the urgent nature of the petitioner's housing crisis, calling for immediate action from Ms. Sawyer or her office.
- Affidavit Doc ID# 19 [19] AMENDED AFFIDAVIT
- Notice Doc ID# 20 [20] Notice of Intent to Pursue Legal Action Due to Non-Compliance With Petition
- Appeal Doc ID# 21 [21] Filing Type: Appeal for Urgent Disbursement of Funds Date of Filing: January 21, 2025 Filed By: Edward A. Cervantes, Petitioner Description of Filing: The Petitioner, Edward A. Cervantes, respectfully submits this Appeal for Urgent Disbursement of Funds due to the ongoing delay in the disbursement of $11,000, as outlined in his Petition for Financial Assistance and Relocation Support. The $11,000 is crucial to cover the security deposit, first months rent, and backdated rent resulting from an unlawful eviction and ongoing financial instability. Despite submitting all necessary documentation to substantiate his eligibility under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), Violence Against Women Act (VAWA), and Continuum of Care (CoC) program, the Petitioner has yet to receive any formal response from Ms. Virginia Sawyer or the Clark County Department of Social Services regarding the status of his petition or disbursement process. This filing serves as an urgent appeal for the immediate release of the requested funds, as the Petitioner is facing imminent housing instability and personal hardship. The Petitioner requests that the Court order the disbursement of the funds, enforce compliance with statutory protections, and expedite the processing of the petition to ensure immediate assistance.
- Demand Doc ID# 22 [22] Filing Type: Formal Demand for Immediate Disbursement of Funds Date of Filing: January 21, 2025 Filed By: Edward A. Cervantes, Petitioner Description of Filing: The Petitioner, Edward A. Cervantes, submits this Formal Demand for Immediate Disbursement of Funds to the Court in relation to his Petition for Financial Assistance and Relocation Support filed on January 5, 2025. The Petitioner requests the disbursement of $11,000, which is critical for addressing his housing instability and ongoing financial hardship due to unlawful eviction and his VAWA-protected status. This filing includes a demand for the immediate release of the requested funds, which will cover: Security Deposit and First Months Rent: $3,300 Backdated Rent Compensation: $7,700 Additionally, this filing outlines the Petitioners intent to take legal action, including filing a Complaint for Negligence and a Petition for Emergency Relief, if the requested funds are not disbursed by January 24, 2025. The Petitioner emphasizes the urgency of this matter and seeks immediate relief from the Court to prevent further harm.
- Motion to Release Funds Doc ID# 23 [23] Motion to Release Funds
- Request Doc ID# 24 [24] Filing Type: Request for Written Confirmation and Notice of Legal Action for Non-Compliance Date of Filing: January 22, 2025 Filed By: Edward A. Cervantes, Petitioner Description of Filing: The Petitioner, Edward A. Cervantes, respectfully submits this Request for Written Confirmation and Notice of Legal Action for Non-Compliance to the Court following the failure of Ms. Virginia Sawyer, Caseworker at the Clark County Department of Social Services, to provide a timely acknowledgment of receipt and status update regarding the Petition for Financial Assistance and Relocation Support filed on January 22, 2025. This filing formally requests that Ms. Sawyer or her office provide written confirmation of the receipt of all required exhibits submitted as part of the Petition, as well as a detailed update on the status of the Petition, including a timeline for the disbursement of the $11,000. This amount is critical for addressing the Petitioners housing instability and financial hardship. Petitioner has complied with all necessary requirements and provided all requested documentation, yet has not received a response. This Request for Written Confirmation is accompanied by Notice of Legal Action for Non-Compliance, notifying the Court of Petitioners intent to file a Complaint for Negligence and a Petition for Emergency Relief if compliance is not achieved by January 24, 2025.
- Affidavit Doc ID# 25 [25] Filing Type: Affidavit of Service Date of Filing: January 22, 2025 Filed By: Edward A. Cervantes, Petitioner Description of Filing: The Petitioner, Edward A. Cervantes, submits this Affidavit of Service to confirm that on January 22, 2025, the following documents were properly served upon Ms. Virginia Sawyer of the Clark County Department of Social Services via email in compliance with Nevada Rules of Civil Procedure (NRCP) 5(b)(2) and NRS Chapter 239: Appeal for Urgent Disbursement of Funds Formal Demand for Immediate Disbursement of Funds Motion to Release Funds Request for Written Confirmation and Notice of Legal Action for Non-Compliance This affidavit outlines the legal basis for service via email, including the applicability of NRS Chapter 239, which permits email service when the recipient has consented to it. The Petitioner also affirms that the documents were served according to the rules of the Court, and as an Honorable Mediator & Restorative Justice Practitioner, the Affidavit does not require notarization.
- Certificate of Service Doc ID# 26 [26] Filing Description Case Name: Edward A. Cervantes v. Jennifer Henry LSW, Clark County Financial Assistance Program and Associated Parties Case No.: A-25-909657-C Department No.: 10 Filing Type: Certificate of Service Date of Filing: January 22, 2025 Filed By: Edward A. Cervantes, Petitioner Description of Filing: The Petitioner, Edward A. Cervantes, hereby submits the Certificate of Service to confirm that on January 22, 2025, the following documents were electronically filed and served to Ms. Virginia Sawyer at her email address ([email protected]): Appeal for Urgent Disbursement of Funds Formal Demand for Immediate Disbursement of Funds Motion to Release Funds Request for Written Confirmation and Notice of Legal Action for Non-Compliance This filing verifies that service was executed in accordance with NRS Chapter 239 and NRCP Rule 5(b)(2). Additionally, it states that service via email is authorized and legal under Nevada law, and that the Petitioner, as an Honorable Mediator & Restorative Justice Practitioner, is not required to notarize this Certificate of Service under NRS Chapter 53.
- Appeal Doc ID# 27 [27] Notice of Appeal to District Court
- Petition Doc ID# 28 [28] Filing Description: This filing constitutes the formal Petition for Financial Assistance and Relocation Support under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), the Violence Against Women Act (VAWA), and the Continuum of Care (CoC) Program. The Petitioner seeks immediate disbursement of $11,000 to address critical housing instability, medical needs, and financial distress resulting from unlawful eviction and the trauma caused by human trafficking. This filing includes a request for relief as outlined in the petition, seeking the timely release of the requested funds to prevent further harm to the Petitioners health, safety, and well-being. Description of Relief Sought: Disbursement of $11,000 for: Security Deposit and First Months Rent: $3,300 Backdated Rent Compensation: $7,700 Written Confirmation of eligibility for assistance under VAWA, SSA Blue Book, and CoC Program guidelines. Immediate Compliance with all applicable laws under NRS 118A.345, NRS 281.025, and other relevant federal statutes. Acknowledgment of the Petitioners entitlement to financial and housing assistance as a male victim of human trafficking and VAWA-protected individual.
- Motion Doc ID# 29 [29] Motion for Enforcement of Legal Protections Under the Violence Against Women Act (VAWA)
- Affidavit Doc ID# 30 [30] Filing Description: Affidavit in Support of Petition for Financial Assistance and Relocation Support Petitioner, Edward A. Cervantes, respectfully submits this Affidavit in Support of Petition for Financial Assistance and Relocation Support. This affidavit accompanies the petition filed under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), Violence Against Women Act (VAWA), and the Continuum of Care (CoC) Program, in support of the request for $11,000 in funds necessary for housing stability and recovery from the trauma of human trafficking and unlawful eviction. The affidavit serves to substantiate the eligibility of the petitioner for financial assistance and relocation support by providing the factual basis for the claims made in the petition. This includes confirmation of identity, residence, income verification, medical documentation, and compliance with the requirements set forth by the Clark County Department of Social Services.
- Motion Doc ID# 31 [31] Motion for Sanctions and Enforcement of Settlement Terms
- Request Doc ID# 32 [32] Filing Description: Request for Emergency Relief and Disbursement Petitioner, Edward A. Cervantes, respectfully submits this Request for Emergency Relief and Disbursement seeking the immediate release of $11,000 as critical financial assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), Violence Against Women Act (VAWA), and the Continuum of Care (CoC) program. This request is urgent, as the petitioner is facing imminent housing instability, medical needs, and significant financial hardship, all resulting from his status as a VAWA-protected individual, victim of human trafficking, and individual diagnosed with traumatic brain injury (TBI), generalized anxiety disorder, and major depressive disorder. This request seeks to: Disburse the requested $11,000 by January 24, 2025, to address immediate housing instability, including securing first months rent, security deposit, and backdated rent compensation due to unlawful eviction and harassment. Provide immediate relief for the petitioners medical and mental health needs, as outlined in the supporting documentation. Ensure the timely disbursement of the funds in accordance with VAWA, SSA Blue Book criteria, and the CoC program guidelines to alleviate the dire situation the petitioner faces.
- Motion Doc ID# 33 [33] Motion for Relief Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), Violence Against Women Act (VAWA), and Continuum of Care (COC) Program
- Clerk's Notice of Nonconforming Document Doc ID# 34 [34] Clerk's Notice of Nonconforming Document
- Clerk's Notice of Nonconforming Document and Curative Action Doc ID# 35 [35] Clerk's Notice of Nonconforming Document and Curative Action
- Clerk's Notice of Nonconforming Document Doc ID# 36 [36] Clerk's Notice of Nonconforming Document
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