Legal Opinion

Moore v. Nebraska Department of Correctional Services Appeals Board

Nebraska Court of Appeals

Decided January 26, 1999No. A-98-254PublishedCited by 1 opinion

1Opinion of the Court

Mues, Judge.

I. INTRODUCTION

The Nebraska Department of Correctional Services (DCS) appeals the decision of the Douglas County District Court reversing a ruling by the DCS Appeals Board (Appeals Board) finding that Robert N. Moore violated 68 Neb. Admin. Code, ch. 5, § 5(I)(H) (1994), which prohibits abuse of drugs or intoxicants. For the reasons set forth below, we reverse the order of the district court and remand the matter with directions.

II. BACKGROUND

On June 9, 1997, Moore, an inmate at the Omaha Correctional Center, voluntarily submitted to a urine test. Sgt. Jeff Parker of the Omaha…

2Cases cited8 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  3. Ponte v. RealSupreme Court of the United States · 1985
  4. Lynch v. NEBRASKA DEPT. OF CORR. SERVICESNebraska Supreme Court · 1994
  5. Hunter v. MorseNebraska Supreme Court · 1995

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3Cited by1 opinion

  1. Moore v. DEPT. OF CORR. SERVS. APPEALS BD.Nebraska Court of Appeals · 1999

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