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Saylor v. Nebraska, NE, Memorandum and Order, re Motion for Summary Judgment, Prisoner Sexual Assault, 2014

Brief • December 22, 2014

Filed under: Staff-Staff Assault, Failure to Protect (General), Failure to Treat (Mental Illness)

Saylor v. Nebraska, NE, Memorandum and Order, re Motion for Summary Judgment, Prisoner Sexual Assault, 2014 4:12-cv-03115-JFB-TDT Doc # 178 Filed: 12/22/14 Page 1 of 28 - Page ID # 2090 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES SAYLOR, Plaintiff, 4:12CV3115 v. MEMORANDUM AND ORDER …

Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments

Article • October 10, 2014 • from PLN October, 2014

Filed under: Family Law

Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments by Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments Excessive enforcement of child support obligations is not only detrimental to incarcerated parents, according to advocates in Nebraska, but also risks increasing recidivism and hindering familial relationships. Legal Aid …

Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution

Article • October 5, 2014

Filed under: Court Appearances, Appeals, Family Law

Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …

Nebraska Prison Officials Settle before Prisoner Pagan Religion Lawsuit

Article • October 3, 2014

Filed under: Religious Freedom, Religious Diet, Denial of Religious Services, Religious Practices

Nebraska Prison Officials Settle before Prisoner Pagan Religion Lawsuit by Derek Gilna Nebraska Prison Officials Settle before Prisoner Pagan Religion Lawsuit   by Derek Gilna   The Nebraska Department of Corrections (NDOC) has settled a lawsuit brought by two state prisoners seeking to hold religious services at Nebraska State Penitentiary …

Wilson v. Sabatka-Rine, NE, Settlement, Wicca Discrimination, 2014

Brief • August 21, 2014

Filed under: Law Library Access/Adequacy, Control Units/SHU/Solitary Confinement, First Amendment, Denial of Religious Services, Religious Practices, Religious Property, Clergy

Wilson v. Sabatka-Rine, NE, Settlement, Wicca Discrimination, 2014 .. : IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HAROLD 8. WILSON, Plaintiff, v. DIANE SABATKA-RINE, et al., Defendants. Case No. 4:11 CV3215 ) ) ) ) ) ) ) ) ) SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT Is …

Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program

Article • June 7, 2014 • from PLN June, 2014

Filed under: Prosecutor/Attorney General Misconduct, Attorney Misconduct, Jury Instructions, Appeals

Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David Reutter Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David M. Reutter The Nebraska Supreme Court has reversed the theft conviction of a county prosecutor who stole funds from a pretrial diversion program …

Meeks v. Department of Correctional Services, NE, Leg. Bill 949 Approv. Settlement, Wrongful Death - Prisoner Car Accident, 2014

Brief • March 29, 2014

Filed under: Work Release, Prison Labor, Transportation, Accidents

Meeks v. Department of Correctional Services, NE, Leg. Bill 949 Approv. Settlement, Wrongful Death - Prisoner Car Accident, 2014 LB 949 LB 949 LEGISLATIVE Approved by the BILL Governor 949 March 29, 2014 Introduced by Business and Labor Committee: Lathrop, 12, Chairperson; Ashford, 20; Harr, 8; McGill, 26; Wallman, 30. …

Gillpatrick v. NE DOC - Complaint

Brief • February 25, 2014

Filed under: Marriage

Gillpatrick v. NE DOC - Complaint Filed in Lancaster District Court *** EFILED *** Case Number: D02CI140000669 Transaction ID: 0001080219 Filing Date: 02/25/2014 07:09:21 AM CST IN THE DISTRICT COURT OF LANCASTER COUNTY, NEBRASKA PAUL GILLPATRICK and NICCOLE WETHERELL, ) ) ) ) ) ) ) ) ) ) ) …

Meeks et al v. DCS et al, NE, Complaint, inmate work auto accident, 2014

Brief • February 21, 2014

Filed under: Work Conditions/Safety, Transportation, Accidents

Meeks et al v. DCS et al, NE, Complaint, inmate work auto accident, 2014 IN THE DISTRICT COURT OF LANCASTER COUNTY, NEBRASKA LEONARD MEEKS and MARTELL BUCHANAN, as Co-Special Administrators of the Estate of Joyce Meeks, Deceased, Plaintiffs, v. DEPARTMENT OF CORRECTIONAL SERVICES, STATE OF NEBRASKA, ROBERT P. HOUSTON, Director …

Meeks v. Department of Correctional Services, NE, Complaint, Wrongful Death - Prisoner Car Accident, 2014

Brief • February 21, 2014

Filed under: Work Release, Prison Labor, Transportation, Accidents

Meeks v. Department of Correctional Services, NE, Complaint, Wrongful Death - Prisoner Car Accident, 2014 IN THE DISTRICT COURT OF LANCASTER COUNTY, NEBRASKA LEONARD MEEKS and MARTELL BUCHANAN, as Co-Special Administrators of the Estate of Joyce Meeks, Deceased, Plaintiffs, v. DEPARTMENT OF CORRECTIONAL SERVICES, STATE OF NEBRASKA, ROBERT P. HOUSTON, …

Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit

Article • November 15, 2013 • from PLN November, 2013

Filed under: Mental Health, Drug Treatment/Rehab

Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit by Derek Gilna In a “plain error” reversal of a district court’s order imposing a 24-month sentence on a defendant who violated the terms of his supervised release for the sole purpose of ensuring that he could …

Saylor v. Nebraska, NE, Order Denying MtD, Failure to Treat PTSD, 2013

Brief • November 13, 2013

Filed under: Prisoner-Prisoner Assault, Medication, Failure to Treat (Mental Illness)

Saylor v. Nebraska, NE, Order Denying MtD, Failure to Treat PTSD, 2013 4:12-cv-03115-JFB-TDT Doc # 124 Filed: 11/13/13 Page 1 of 12 - Page ID # 959 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES SAYLOR, Plaintiff, 4:12CV3115 v. STATE OF NEBRASKA, RANDY KOHL, M.D.; DENNIS …

8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers

Article • August 15, 2013

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Wrongful Conviction, Immunity/Liability, Prosecutorial Immunity

8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …

8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party

Article • August 15, 2013

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Qualified Immunity

8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …

Saylor v. Nebraska, NE, 2nd Amended Complaint, PTSD Prisoner Sexual Assault, 2013

Brief • July 18, 2013

Filed under: Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Treat (Mental Illness)

Saylor v. Nebraska, NE, 2nd Amended Complaint, PTSD Prisoner Sexual Assault, 2013 4:12-cv-03115-JFB-TDT Doc # 113 Filed: 07/18/13 Page 1 of 30 - Page ID # 750 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES SAYLOR, Plaintiff, vs. STATE OF NEBRASKA, NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, …

Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013

Publication • 2013

Filed under: Guilty Pleas, Wrongful Conviction, Wrongful Imprisonment

Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …

Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide

Article • May 15, 2013 • from PLN May, 2013

Filed under: Qualified Immunity, Wrongful Death, Medical Neglect/Malpractice, Suicides

Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide by The Eighth Circuit Court of Appeals has reversed a jury’s verdict in favor of the estate of a pre-trial detainee who committed suicide at Nebraska’s Dodge County Jail. Circuit Judge Kermit E. Bye filed a dissenting opinion that criticized …

Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity

Article • April 15, 2013

Filed under: Parole Conditions, Sex Offender Registration and Notification Act, Mental Health, Sex Offender Treatment

Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …

Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order

Article • April 15, 2013

Filed under: Mental Health, Sex Offender Treatment, Civil Commitment

Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order by Before the Nebraska Supreme Court, Appellant S.J. challenged the lower court’s affirmation of the Mental Health Board of the Fourth Judicial District’s order terming him a “dangerous sexual offender” and as such confining him to an inpatient treatment …

Eighth Circuit Upholds Child Porn Supervised Release Condition

Article • March 15, 2013 • from PLN March, 2013

Filed under: Discrimination, Sex Offenders (Discrimination), Parole Conditions

Eighth Circuit Upholds Child Porn Supervised Release Condition by On May 7, 2012, the Eighth Circuit Court of Appeals upheld a supervised release condition imposed on a federal prisoner convicted of a non-sex offense that prohibited possession of child pornography or photographic depictions of child nudity. A Nebraska federal court …