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LYNCH v. NEBRASKA DEPT. OF CORR. SERVICES

No. S-92-894.

514 N.W.2d 310 (1994)

245 Neb. 603

Patrick B. LYNCH, Appellee and Cross-Appellant, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

April 8, 1994.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., and Laurie Smith Camp, Lincoln, for appellant.

Patrick B. Lynch, pro se.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ.

LANPHIER, Justice.

A Nebraska State Penitentiary disciplinary committee found that inmate Patrick B. Lynch violated prison rules by participating in an escape attempt. An initial report filed by a guard on duty in one of the security towers did not mention Lynch's participation in the attempt. A second report filed by the same guard on the following day stated that the officer saw Lynch with what appeared to be a jar or bottle in his hands with a rag protruding from...

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