Adams v. Board of Parole

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Adams v. Board of Parole

Case Number
S-15-0612
Call Date
March 29, 2016
Court Number
Lancaster
Case Summary

S-15-0612 Brian J. Adams v. The State of Nebraska Board of Parole; ESTHER L. CASMER in her official capacity as Chair of the State of Nebraska Board of Parole; JAMES A. PEARSON, in his official capacity as Vice Chair of the State of Nebraska Board of Parole; REX RICHARD, in his official capacity as a member of the State of Nebraska Board of Parole; MIGUEL A. GOMEZ, in his official capacity as a member of the State of Nebraska Board of Parole; ROSALYN COTTON, in her official capacity as a member of the State of Nebraska Board of Parole

Lancaster County District Court, Judge Andrew R. Jacobson

Attorneys: Jonathan J. Papik & Stphen E. Gehring (Cline Williams Wright Johnson & Oldfather) LLP)(Appellant) --- James D. Smith (Attorney General's Office)

Civil: Parole

Proceedings below: The district court granted Appellees' motion to dismiss for failure to state a claim and dismissed Appellant's declaratory judgment action.

Issues: The district court erred in 1) granting Appellees' motion to dismiss, 2) concluding that Neb. Rev. Stat. '83-1110(1) does not violate Article IV, Section 13 of the Nebraska Constitution, and 3) concluding that Neb. Rev. Stat. '83-1110(1)'s provision making offenders serving life sentences ineligible for parole is a 'condition prescribed by law' within the meaning of Article IV, Section 13 of the Nebraska Constitution.