S-15-0452 Abdul Al-Ameen (Appellant) v. Frakes
S-15-0453 Thomas Evans (Appellant) v. Frakes
Lancaster County, Judge John Colborn
Attorneys: Gerald L. Soucie (Appellant) --- George R. Love (Attorney General's Office)
Civil: Habeas Corpus
Proceedings below: The district court granted Appellee's motion for summary judgment and dismissed Appellants' petitions for habeas corpus with prejudice. Appellants filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: A. The district court erred, as a matter of law, in holding that state habeas corpus was procedurally not available to Appellants, granting the Appellees' motion for summary judgment, and denying Appellants' motion for summary judgment because the commitment order entered June 26, 2014, was void and unlawful for one or more of the following reasons: 1) In the case of Appellant Al-Ameen, the motions and orders entered in Douglas County were filed under a case number that didn't exist and were then docketed under a number where all charges against him were dismissed in 2004, 2) The unconditional discharge by NDCS of Appellants was within the discretion of NDCS and consistent with the then existing policy of NDCS since at least September 1996, 3) The affirmative actions of NDCS since September 1996, at the time of the Castillas decision, issuing Appellants a certificate of discharge, and affirmed at a senior NDCS staff meeting on October 31, 2014, established a "waiver" and they could not returned to custody under the due process clause of the Fourteenth Amendment and the ex post facto prohibitions in the Nebraska and United States Constitutions, and 4) The procedures used to obtain his arrest and commit order from the Douglas County district court on June 26, 2014,where so lacking in any of the fundamental due process rights under the Fourteenth Amendment the United States Constitution so as to be void and without jurisdiction.