383.190 - Civil remedy. - Nevada Statutes

383.190  Civil remedy.

      1.  In addition to the imposition of any criminal penalty, an Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages and other appropriate relief against a person who violates NRS 383.170 or 383.180. The action must be brought within 2 years after the discovery of the action by the plaintiff. The action may be filed in the district court for the county in which the cairn, grave, artifacts or remains are located, or within which the defendant resides.

      2.  If the plaintiff prevails in the action:

      (a) The court may award reasonable attorney fees to the plaintiff.

      (b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or human remains acquired or equipment used in the violation. The court shall order the disposition of any forfeited equipment as it sees fit, and order the reinterment of the artifacts and human remains at the defendant’s expense under the supervision of the Indian tribe.

      (c) The plaintiff may recover actual damages.

      3.  If the defendant prevails in the action, the court may award reasonable attorney fees to the defendant.

      (Added to NRS by 1989, 575)