Legal Opinion

Keating v. Nebraska Public Power District

Court of Appeals for the Eighth Circuit

Decided April 13, 2009No. 07-3056PublishedCited by 27 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

Appellants, Nebraska farmers and ranchers who draw water from the Niobrara Watershed, appeal the district court’s dismissal of their suit brought under 42 U.S.C. § 1988. In this suit, appellants alleged that state officials deprived them of their procedural due process rights when those officials ordered them to cease drawing water from the Niobrara Watershed without providing prior notice or a hearing. For the reasons set forth below, we reverse the district court’s dismissal and remand this matter for further consideration.

I

Since 1895, Nebraska has operated a water…

2Cases cited17 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Daniels v. WilliamsSupreme Court of the United States · 1986
  4. Parratt v. TaylorSupreme Court of the United States · 1981
  5. Zinermon v. BurchSupreme Court of the United States · 1990

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3Cited by27 opinions

  1. Christiansen v. West Branch Community School DistrictCourt of Appeals for the Eighth Circuit · 2012
  2. Keating v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 2011
  3. Montrell Greene v. Greenwood Public School Dist, eCourt of Appeals for the Fifth Circuit · 2018
  4. John Does 1-2 v. Regents of the Univ. of MNCourt of Appeals for the Eighth Circuit · 2021
  5. Antonnette Hopkins v. The City of BloomingtonCourt of Appeals for the Eighth Circuit · 2014

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