Lessley v. Nebraska Department of Correctional Services

Irwin, Judge.

I. INTRODUCTION

The Nebraska Department of Correctional Services (DCS) appeals from an order of the district court for Johnson County, Nebraska, reversing the decision of the DCS Appeals Board. DCS challenges the district court’s holding that DCS denied Johnathan Lessley due process when it denied Lessley’s request for a continuance in a disciplinary proceeding. We find that the district court erred in finding a denial of due process, and we reverse, and remand with directions to affirm the order of the appeals board.

II. BACKGROUND

On March 25, 2005, a misconduct report was written…