A Las Vegas man serving a 12 to 36 month sentence for larceny was allegedly stabbed and strangled to death by his cellmate — a convicted murderer who slaughtered a mom and her 10-year-old son with a hammer — just days before he was scheduled to be released. His family is now suing the Nevada Department of Corrections for failing to protect him "despite explicit warnings" from the cellmate that he was going to kill the man, the lawsuit says.

"[The cellmate] had threatened to kill him if the two were housed together," the legal complaint filed by Jacob Herman's family alleges.

"Systemic overcrowding, understaffing, and disregard for protective-custody safeguards created the conditions that allowed Mr. Herman's death," the complaint charges. "Defendants were indifferent to the safety and ri

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