Wichman v. Naylor

James Wichman, an inmate at the Nebraska Penal and Correctional Complex, commenced a civil rights action, see 42 U.S.C. § 1983 (1988) and Neb. Rev. Stat. § 20-148 (Reissue 1991), in the district court for Lancaster County regarding disciplinary action taken by Dean Naylor, director of security for the penal complex. Naylor demurred and claimed that Wichman’s petition did not allege sufficient facts to state a cause of action. See Neb. Rev. Stat. § 25-806(6) (Reissue 1989) (insufficient factual allegations for a cause of action). The district court sustained Naylor’s demurrer, but failed to…