Tyler v. Heywood

Irwin, Chief Judge.

I. INTRODUCTION

Billy Roy Tyler appeals from the district court’s dismissal of his action against Calvin Heywood, Robert Madsen, Harold Clark, E. Benjamin Nelson, Frank Hopkins, Raymond Edelman, Don Stenberg, and the Nebraska Department of Corrections (defendants). On appeal, Tyler asserts the court erred in dismissing the case. Because we conclude that the court erroneously dismissed the case, we reverse, and remand.

II. BACKGROUND

On September 17, 1997, Tyler filed a petition captioned “Civil Action and Praecipe.” In the petition, Tyler asserted that he has been held…