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STATE v. HENDERSON

No. S-07-010.

762 N.W.2d 1 (2009)

277 Neb. 240

STATE of Nebraska and the Nebraska State Patrol, Appellees, v. Robert HENDERSON and the State Law Enforcement Bargaining Council, Appellants.

Supreme Court of Nebraska.

February 27, 2009.

Attorney(s) appearing for the Case

Vincent Valentino, Lincoln, for appellants.

Jon Bruning, Attorney General, and Tom Stine, for appellees.

John E. Corrigan, of Dowd, Howard & Corrigan, L.L.C., Omaha, and Lawrence P. Schneider, of Knaggs, Harter, Brake & Schneider, P.C., Lansing, MI, for amicus curiae National Troopers Coalition.

Aaron Nisenson, of International Union of Police Associations, AFL-CIO, Sarasota, FL, and Jane Burke, of Keating, O'Gara, Nedved & Peter, P.C., Lincoln, for amicus curiae International Union of Police Associations, AFL-CIO.

David J. Kramer and Quinn Vandenberg, of Baird, Holm, L.L.P., Omaha, and Clare Pinkert, Steven C. Sheinberg, Steven M. Freeman, and Deborah R. Cohen, of Anti-Defamation League, for amicus curiae Anti-Defamation League.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and SIEVERS, Judge.

GERRARD, J.

From its very inception, the State of Nebraska has been founded upon principles of equality and tolerance that the Ku Klux Klan, from its very inception, has used violence and terror to oppose. When Robert Henderson, a veteran trooper of the Nebraska State Patrol, joined the Ku Klux Klan, he voluntarily associated himself with an organization that is expressly opposed to Nebraska's founding principles. To reinstate Henderson as a sworn officer of the Nebraska...

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