Nebraska Refuses to Return Execution Drug to Swiss Company by In its desperation to obtain a supply of sodium thiopental, one of the three drugs commonly used to carry out executions by lethal injection, the State of Nebraska circumvented the manufacturer, which does not sell the drug for use in …
Leiva-Deras and ACLU v. Cass County, NE, Settlement, ACLU inmate-inmate abuse denial of medical treatment, 2012 SETTLEMENT AGREEMENT AND RELEASE That Claudia Lelva-Deras (hereinafter at times referred to as 'the Undersigned'), for and In consideration of the sum of twenty-five thousand dollars and noJ1 00 ($25,000.00) total to be paid …
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry by Petitioner Curtis Eugene Rowland, a prisoner at the Pen Unit of the Nebraska Penal and Correctional Complex brought two separate civil rights actions against prison officials in 197l. His § 1983 claim regarding denial of mail was …
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Nebraska Judge Dismisses Charges Against Omaha Jailers by Matthew Clarke by Matt Clarke Douglas County, Nebraska District Court Judge Peter Bataillon has dismissed official misconduct charges against jailers who allegedly let a prisoner bleed to death while he begged for his life. Bataillon interpreted Jail Standards Board regulations as putting …
Eight Circuit: Random Search of Guards' Cars May Violate Fourth Amendment by On July 9, 2010, the Eighth Circuit court of appeals held that randomly searching guards' cars parked in a prison parking lot to which prisoners have no unsupervised access may violate the Fourth Amendment. Brian True, a former …
Nebraska Prison Employee’s Termination for Failed Urinalysis Reversed by The Nebraska Supreme Court affirmed a district court’s holding that the Nebraska Department of Correctional Services (NDCS) violated a labor agreement when it fired a prison employee for failing a drug test. NDCS contended in its appeal that the district court …
$100,000 Settlement in Nebraska Jail Prisoner Suicide Suit by Sheridan County, Nebraska has agreed to pay $100,000 to the estate of a prisoner who committed suicide while at the Sheridan County Jail. Jay Spotted Elk hung himself with a belt in his cell after being arrested on a misdemeanor charge …
$850,000 Verdict in Nebraska Prisoner’s Suicide by A Nebraska federal jury has awarded $850,000 to the estate of a prisoner who hanged himself with a bed sheet in his cell at the Dodge County Correctional Facility (DCC). The estate’s attorney, Maren L. Chaloupka, hailed the verdict as a wake-up call …
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment by A Nebraska district court has held that prison officials violated a prisoner’s First Amendment right to send and receive mail when they refused to let him mail his drawings. The court’s ruling came on a motion for judgment as a …
Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food by Brandon Sample Nebraska prison officials cannot delay paying $204,856.28 in attorney’s fees and costs awarded in a lawsuit where they were found to have violated the First Amendment and …
Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster by John Dannenberg by John E. Dannenberg The Nebraska Court of Appeals has upheld administrative regulation 205.3 (AR 205.3) of the Department of Correctional Services (DCS), which restricts prisoner phone calls to land-line, nonconference-call recipients and authorizes tape-recording of all non-attorney …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Seized Nebraska Evidence Ordered Returned After Charges Dismissed by Nebraska State pro se prisoner Timothy Agee appealed the denial of a motion to order the County Sheriff to return his seized property after his theft charge was dismissed. The denial was reversed. Agee was charged separately in 2004 with theft …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Nebraska Appeals Court: Failure to Exhaust Remedies Jurisdictional Defect by The Nebraska Court of Appeals held in this case that a prisoner's failure to exhaust his administrative remedies deprived the district court of jurisdiction over his civil rights lawsuit. On May 22, 2003, Dukhan Iqraa Jihad Mumin, a Nebraska prisoner, …
$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
