Legal Opinion
Baxter v. Nebraska Department of Correctional Services
Nebraska Court of Appeals
Decided May 27, 2003No. A-01-674PublishedCited by 7 opinions
1Opinion of the Court
Inbody, Judge.
INTRODUCTION
The Nebraska Department of Correctional Services (DCS) appeals the order of the Lancaster County District Court reversing the decision of the DCS Appeals Board affirming the disciplinary committee’s finding that Fred Baxter had violated DCS “Rule 5-I-H - Drag or Intoxicant Abuse.” For the reasons stated herein, we reverse.
BACKGROUND
On November 29, 2000, Baxter submitted a urine sample for drag or alcohol testing. This sample was taken by a caseworker, who filled out a checklist on the “Statement of Testing” form. The caseworker also indicated Baxter’s inmate number,…
2Cases cited9 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- United States v. Edward Eugene PennCourt of Appeals for the Eleventh Circuit · 1983
- Burgos v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
- Lynch v. NEBRASKA DEPT. OF CORR. SERVICESNebraska Supreme Court · 1994
- State v. KernsNebraska Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Claypool v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2003
- Haynes v. Nebraska Dept. of Corr. Servs.Nebraska Supreme Court · 2023
- Barnes v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2004
- Witmer v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 2005
- Barnes v. NEBRASKA DEPT. OF CORR. SVCS.Nebraska Court of Appeals · 2004
2 more not listed; retrieve them via the Exa API.