Legal Opinion

Miller v. Vitek

District Court, D. Nebraska

Decided September 12, 1977No. CV75-L-172PublishedCited by 25 opinions

1Opinion of the Court

URBOM, Chief Judge.

Four 1 men who have been transferred involuntarily from the Nebraska Penal and Correctional Complex to the Security Unit of the Lincoln Regional Center because of claimed mental disease or defect challenge the constitutionality of the state statute under which they were transferred.

The action is brought pursuant to 42 U.S.C. § 1983 and jurisdiction is granted by 28 U.S.C. §§ 1343(3) and (4), as well as 28 U.S.C. §§ 2201 and 2202, which authorize declaratory and injunctive relief.

Under attack is § 83-180, R.R.S. Neb. 1943, 2 which provides:

“. . . [W]hen a physician or…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. In Re GAULTSupreme Court of the United States · 1967

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Vitek v. JonesSupreme Court of the United States · 1980
  2. Helms v. HewittCourt of Appeals for the Third Circuit · 1981
  3. In Re Detention of AsWashington Supreme Court · 1999
  4. United States v. Jimmie Jones, United States of America v. Pedro Lopez-VargasCourt of Appeals for the Eighth Circuit · 1987
  5. Ruffler v. Phelps Memorial HospitalDistrict Court, S.D. New York · 1978

20 more not listed; retrieve them via the Exa API.

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