Jacob v. Department of Correctional Services

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Jacob v. Department of Correctional Services

Case Number
Call Date
May 25, 2016
Court Number
Case Summary

S-15-826, Steven M. Jacob [appellant] v. Nebraska Department of Correctional Services [appellee]

District Court of Lancaster County, Honorable Robert R. Otte

Attorneys: Douglas Peterson and Kyle Citta of the AG's Office for appellee; Steven Jacob (pro se) for appellant

Civil: Declaratory judgment action

Proceedings below: Case was dismissed for failure to state a claim. Jacob appealed an earlier dismissal, but his motion to alter or amend the judgment was still pending so the Nebraska Supreme Court dismissed Jacob's first appeal, allowing the district court to consider this motion. See S-14-0035, Jacob v. DCS (memorandum opinion issued 11-19-2014). The motion was then considered and sustained by the district court. But the court again dismissed the case upon DCS's new motion to dismiss. It is this second dismissal that is now being appealed.

Issues: Has the appellant stated a claim for which relief can be granted?