Cole v. Kilgore

For disobeying a direct order of a correctional officer, a 7-day room restriction was imposed upon Frankie Levi Cole, an inmate at the Omaha Correctional Center. The discipline was imposed by an institutional disciplinary committee following a hearing. On September 22, 1989, a disciplinary appeals board affirmed the committee’s action.

Cole challenged the discipline imposed upon him by filing a petition in error in the district court for Douglas County. That court sustained the respondents’ demurrer, which claimed the court lacked jurisdiction because Cole failed to timely file a transcript of…