Legal Opinion
Claypool v. Nebraska Department of Correctional Services
Nebraska Court of Appeals
Decided August 12, 2003No. A-02-812PublishedCited by 6 opinions
1Opinion of the Court
Sievers, Judge.
The Nebraska Department of Correctional Services (DCS) appeals the order of the district court for Lancaster County, Nebraska, which reversed the prison’s discipline imposed on inmate Darryl Claypool for use of drugs. Under Neb. Ct. R. of Prac. 11 (rev. 2000), we have dispensed with oral argument, since we have already heard a number of similar cases and have at least 20 others waiting on our docket. Finding “some evidence” to support the discipline imposed and a “legitimate penological concern” to deny Claypool’s witness request, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
On…
2Cases cited9 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Ponte v. RealSupreme Court of the United States · 1985
- Bryan R. Ramer v. Dareld KerbyCourt of Appeals for the Tenth Circuit · 1991
- Shon Turner v. Paul Caspari, Mary Brundage, Ann Austermann Major J. Smith Janet SchneiderCourt of Appeals for the Eighth Circuit · 1994
- Dailey v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 1998
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3Cited by6 opinions
- Louis v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2004
- Louis v. NEBRASKA DEPT. OF CORR. SERVICESNebraska Court of Appeals · 2004
- Witmer v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2005
- Lessley v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2007
- Opinion No. (2005), Nebraska Attorney General Reports2005
1 more not listed; retrieve them via the Exa API.