Tulloch v. State

James Tulloch and J.C. Jenkins are incarcerated at the Lincoln Regional Center pursuant to state law as persons acquitted on grounds of insanity. See Neb. Rev. Stat. §§ 29-3701 et seq. (Reissue 1989). On October 27, 1987, Tulloch, Jenkins, and Ronald Steele filed a petition questioning the constitutionality of the law, naming as defendants the State of Nebraska, Dr. Klaus Hartmann, superintendent of the Lincoln Regional Center, and Dale Johnson, director of the Department of Public Institutions. Steele has since been released from incarceration and is no longer a party to the suit.

The…