A writ of habeas corpus filed against Nye County Sheriff Tony DeMeo by Johnny Dewayne Dowling was quashed in Fifth Judicial Court last week.

Dowling, who was originally charged with lewdness with a child under the age of 14, pleaded guilty to the lesser charge of indecent or obscene exposure with a prior conviction of the same earlier this month.

There is, however, no actual prior conviction, but pleading guilty to the phantom charge was part of the plea agreement Dowling made with the state.

The state agreed to the plea in part because some evidence did not support the allegations made against him.

Dowling's handwritten writ alleged that he was subject to cruel and unusual punishment because conditions at the detention center are "filthy" and he was kept "in the hole" for eight months.

He further alleged that he was not allowed as many trips to the prison yard as needed (claiming "maybe 12 or 15" such visits since his incarceration in November 2006).

In addition, Dowling said his HIPAA rights were violated because "every drs. appt. I have had with the jail system a deputy or jailor had been right there in sight and sound."

Finally, Dowling leveled accusations that he had been both under-prescribed and over-medicated during his time behind bars.

However, as the state pointed out in its return motion, a writ of habeas corpus should be based on an accusation of unlawful detainment, which Dowling never actually claims.

"The defendant has not alleged he is being unlawfully detained, not could he allege with any credulity," the state pointed out. "He just doesn't like it, which is understandable."

Furthermore, the state argued the writ was not properly verified.

In response the Dowling's other allegations, the state argued, "The conditions of which the defendant complains, 'being in the hole,' are of his own making."

Sheriff's Sgt. Jesse Martinez explained in an affidavit that Dowling was placed on lock-down status "for his own protection" due to the charges for which he was arrested and the charges to which he has since pleaded guilty.

In addition, Martinez stated that Dowling had given law enforcement officials information about other inmates "causing extra precaution to be taken in regard to his physical safety."

This is the second writ Dowling has filed that has been quashed. He is scheduled to appear for sentencing Aug. 13.