In Re Interest of Powers

The movant, Lawrence J. Powers, appeals the district court’s affirmance of the Lancaster County Mental Health Board’s denial of a due process hearing on his motion for a review of his status.. He asserts that the district court erred in that, among other things, the relevant statutory scheme provides for such a hearing. That assignment of error having merit, we reverse, and remand with direction.

On January 13, 1986, the State filed a petition under the Nebraska Mental Health Commitment Act, Neb. Rev. Stat. §§ 83-1001 through 83-1078 (Reissue 1987 & Cum. Supp. 1992), alleging that Powers was…