S-21-0844, David H. Jacob (Appellant) v. Nebraska Board of Parole, Mark T. Langan, Parole Board Member (Appellee)
Appeal from the District Court for Lancaster County, Judge Darla S. Ideus
Attorneys: David H. Jacob (self-represented litigant) and Douglas J. Peterson and James A. Campbell (Attorney General and Solicitor General for Appellees).
Criminal: Parole, Records Request, and Motion for Summary Judgment
Proceedings below: After Appellant’s request to obtain his Parole Board records was denied, Appellant sought his records through the court process. The district court granted Appellee’s Motion for Summary Judgment. Appellant appealed and filed a Petition to Bypass the Nebraska Court of Appeals, which was sustained, and the Nebraska Supreme Court ordered that this case be transferred to its docket.
Issues: On appeal, Appellants allege the following assignments of error: 1) The district court erred in not permitting Appellant to amend his petition to include a request for declaratory judgement; 2) The district court erred by finding the record of the Parole Board “review” was an investigatory record under Neb. Rev. Stat. § 84-712.05(5); and 3) The district court erred by finding the record of the Parole Board “review” was exempt under the inmate individual file statute, Neb. Rev. Stat. § 83-1,125.01.