Nebraska Revised Statute 83-4,123

Chapter 83

83-4,123.

Access to courts and legal assistance unrestricted.

Nothing in sections 83-4,109 to 83-4,123 shall be construed as to restrict or impair an inmate's free access to the courts and necessary legal assistance in any cause of action arising under such sections or to judicial review for disciplinary cases which involve the imposition of disciplinary isolation or the loss of good-time credit in accordance with the Administrative Procedure Act. Such judicial review may only be invoked after completion of any review of the hearing prescribed by section 83-4,122 by the department.

Source

  • Laws 1976, LB 275, § 15;
  • Laws 1988, LB 673, § 2;
  • Laws 1993, LB 31, § 59.

Cross References

  • Administrative Procedure Act, see section 84-920.

Annotations

  • An inmate's right of access to the courts in Nebraska is no greater than those rights of access to the federal courts under the U.S. Constitution. Jacob v. Nebraska Dept. of Corr. Servs., 294 Neb. 735, 884 N.W.2d 687 (2016).

  • Judicial review of a disciplinary case in an adult institution is permitted only when the disciplinary action imposed on the inmate involves the imposition of disciplinary isolation or the loss of good-time credit. Dittrich v. Nebraska Dept. of Corr. Servs., 248 Neb. 818, 539 N.W.2d 432 (1995).

  • Judicial review of disciplinary cases is limited to those cases which involve the imposition of the penalties enumerated in this section. Abdullah v. Nebraska Dept. of Corr. Servs., 245 Neb. 545, 513 N.W.2d 877 (1994).