Mental Health Board of the Fourth Judicial District v. L.T.

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Mental Health Board of the Fourth Judicial District v. L.T.

Case Number
S-16-0024
Call Date
October 5, 2016
Court Number
Douglas
Case Summary

S-16-0024 Mental Health Board of the Fourth Judicial District (Appellant) v. L.T.

Douglas County District Court, Judge Marlon A. Polk

Attorneys: Eric W. Wells (County Attorney's Office) (Appellant) ---

Civil: Sex Offender Commitment Act; petition in error

Proceedings below: The Mental Health Board of the Fourth Judicial District determined L.T. to be a dangerous sex offender with inpatient sex offender treatment as the least restrictive alternative. The district court granted L.T.'s petition in error and ordered the unconditional discharge of L.T. finding there was not clear and convincing evidence that L.T. was a dangerous sex offender.

Issues: 1) The Supreme Court has jurisdiction to hear this case under Neb. Rev. Stat. '' 29-2315.01 to 29-2316 following the district court appeal under Neb. Rev. Stat. ' 71-1214, 2) the district court erred because the State proved by clear and convincing evidence that L.T. was a dangerous sex offender pursuant to SOCA and that inpatient treatment was the least restrictive alternative, 3) the district court erred in determining outpatient treatment was the least restrictive alternative, and 4) the district court erred in granting the petition in error, dismissing the petition before the board, and unconditionally discharging L.T.