Justia Civil Rights Opinion Summaries

The case involves RaySean Barber, an inmate in the custody of the Nebraska Department of Correctional Services (DCS), who was diagnosed with a mental illness. Barber refused treatment with antipsychotic medications, leading DCS medical staff to apply for a series of involuntary medication orders (IMOs) authorizing monthly injections of the antipsychotic medication Haldol against his will. Barber filed a lawsuit against the State of Nebraska under the State Tort Claims Act (STCA), alleging that DCS employees were negligent in applying for, ordering the initiation and continuation of, and upholding the IMOs.The State moved to dismiss Barber's complaint, arguing that the claim was barred by the STCA’s exemption for any claim arising out of battery. The district court agreed and dismissed the complaint, reasoning that the unconsented and involuntary injection is the cause of Barber’s alleged injury—a battery.The Nebraska Supreme Court affirmed the district court's decision. The court concluded that Barber's claim—that DCS staff negligently subjected him to an IMO and injected him with Haldol against his will—is a claim that arises out of a battery. The court held that because Barber's claim arose out of a battery, it is barred by the exemption in the STCA. View "Barber v. State" on Justia Law

The appellant, Jordon J. Miller, was convicted and sentenced for second degree murder following a plea agreement. The charge stemmed from an incident when shots were fired at a passing vehicle, resulting in the death of Jade Lea. Miller appealed, claiming that the district court erred in overruling his motion to withdraw his plea, that his statutory right to a speedy trial was violated, that the court imposed an excessive sentence, and that he received ineffective assistance of trial counsel. The Nebraska Supreme Court found no abuse of discretion in the overruling of Miller's motion to withdraw his plea, noting that a defendant’s change of mind alone is not a fair and just reason to withdraw a guilty or no contest plea. The court also found that the record on appeal was not sufficient to review Miller's claims of ineffective assistance of trial counsel. Finally, the court found no abuse of discretion in Miller's sentencing. As such, the court affirmed Miller’s conviction and sentence. View "State v. Miller" on Justia Law

In this case, the Nebraska Supreme Court affirmed a lower court's decision, finding that the Middle Republican Natural Resources District (NRD) violated the due process rights of two landowners, Merlin Brown and Uhrich & Brown Limited Partnership, by having the same attorneys act as both prosecutors and participants in the adjudicatory process of the case. The court held that such a combination of prosecutorial and adjudicatory functions in the same individuals posed an intolerably high risk of actual bias, thus, infringing on the landowners' right to a fair trial by an impartial tribunal. In this case, the NRD had accused the landowners of violating certain ground water management rules. The case was initially heard by the Board of Directors of the NRD, whose decision to impose penalties on the landowners was informed by the same attorneys who had prosecuted the case on behalf of the NRD. The landowners appealed the Board's decision under the Administrative Procedure Act (APA), leading to the district court's reversal. The NRD then appealed to the Nebraska Supreme Court, which upheld the lower court's ruling. View "Uhrich & Brown Ltd. Part. v. Middle Republican NRD" on Justia Law

The Supreme Court affirmed Defendant's convictions for possession of a firearm by a prohibited person and unlawful discharge of a firearm, holding that there was no reversible error or abuse of discretion in the proceedings below.Specifically, the Supreme Court held (1) the evidence was sufficient to support Defendant's conviction for possession of a firearm by a prohibited person; (2) the evidence was sufficient to support Defendant's conviction for unlawful discharge of a firearm; (3) the district court did not abuse its discretion in overruling Defendant's motion for new trial; (4) Defendant's claims of ineffective assistance of counsel were not sufficiently pled; and (5) the cumulative error doctrine did not apply in this case. View "State v. Dap" on Justia Law

The Supreme Court affirmed the judgment of the district court ordering reinstatement of D.H.'s firearm rights, holding that there was no error on the part of the district court.After D.H. attempted suicide in 1995 a mental health board obtained a mental health commitment. As a result of D.H.'s commitment, federal and state statutes restricted his rights to purchase and possess firearms. In 2011, the Legislature enacted Neb. Rev. State. 71-963, which created a procedure whereby those subject to firearm restrictions resulting from a mental health-related commitment or adjudication could petition to have those restrictions removed. D.H. filed a motion to remove his firearm restrictions under section 71-963. The Mental Health Board of the 10th Judicial District of Nebraska denied the petition. The district court initially affirmed the denial but, upon reconsideration, granted the petition. The Supreme Court affirmed, holding that the district court did not commit an error of law or abuse its discretion in sustaining D.H.'s motion to reconsider, alter, or amend. View "In re Interest of D.H." on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint against the Nebraska Department of Correctional Services (DCS) and three of its officials regarding computation of Plaintiff's tentative mandatory release date (TRD), holding that there was no error.Plaintiff, an inmate, filed an action for declaratory judgment alleging that DCS was responsible for actions infringing on her constitutional rights under the Eighth Amendment and the due process clause of the Fourteenth Amendment by concluding that her TRD was consistent with Nebraska statutes and case law. The district court dismissed the case for failing to state a claim upon which relief could be granted. The Supreme Court affirmed, holding (1) Plaintiff did not state a claim upon which relief could be granted under 42 U.S.C. 1983; and (2) the trial court lacked jurisdiction under Neb. Rev. Stat. 84-911 for Plaintiff's claims against DCS. View "Williams v. Frakes" on Justia Law

The Supreme Court affirmed the judgment of the district court overruling Defendant's motion to suppress and convicting her of possession of methamphetamine and drug paraphernalia following a stipulated bench trial, holding that the district court did not err when it overruled Defendant's motion to suppress.In denying Defendant's suppression motion, the trial court concluded that Defendant consented to a search of her vehicle, in which certain illegal items were found, and that a subsequent search of Defendant's person occurred incident to a valid arrest. The Supreme Court affirmed, holding (1) probable cause existed to arrest Defendant, and the subsequent search of her person occurred incident to a valid arrest; and (2) Defendant was not entitled to relief on her remaining allegations of error. View "State v. Hammond" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant's plea in bar alleging that a trial on the pending charges for violations of the Uniform Controlled Substances Act would subject him to Double Jeopardy, holding that forfeiture under Neb. Rev. Stat. 28-431, as amended in 2016, is civil in nature, and therefore, the district court did not err in denying the plea in bar.In his plea in bar, Appellant argued that he was already criminally punished for the same crime in a separate forfeiture action brought pursuant to section 28-431. In denying the plea in bar, the district court concluded that Appellant had failed to demonstrate he was punished by the forfeiture. The Supreme Court affirmed, holding that the sanction imposed by forfeiture under section 28-431 is civil and not criminal for purposes of a double jeopardy analysis. View "State v. Dolinar" on Justia Law

The Supreme Court affirmed the order of the district court that overruled Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's challenges to his convictions and the five death sentences he received for murders he committed during a bank robbery were unavailing.After a jury trial, Defendant was found guilty of five counts of first degree murder, among other offenses, and sentenced to death for each of the five murders. Defendant later filed a motion for postconviction relief, alleging prosecutorial misconduct claims, ineffective assistance of counsel claims, and additional claims. The district court denied relief without holding an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err by (1) denying an evidentiary hearing on Defendant's prosecutorial misconduct and ineffective assistance of counsel claims; and (2) denying relief for other alleged violations of Defendant's constitutional rights. View "State v. Galindo" on Justia Law

The Supreme Court affirmed as modified Defendant's convictions for two counts of first degree murder and two counts of use of a firearm to commit a felony, holding that the record was insufficient to address certain claims, and there was otherwise no merit to his arguments on direct appeal.Specifically, the Supreme Court held (1) there was no plain error in the admission of evidence regarding a prior shooting; (2) there was no plain error in the prosecution's remarks; (3) the record was insufficient to address several of Defendant's numerous claims of ineffective assistance of trial counsel, and there was no merit to Defendant's remaining ineffective assistance of counsel claims; and (4) the sentencing order must be modified to reflect a sentence of life imprisonment for each of Defendant's convictions for first degree murder. View "State v. Mabior" on Justia Law