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McALLISTER v. DEPT. OF CORR. SERVICES

No. S-96-373.

573 N.W.2d 143 (1998)

253 Neb. 910

Thomas McALLISTER, Appellant, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES and Nebraska Department of Administrative Services (Nebraska State Personnel Board), Appellees.

Supreme Court of Nebraska.

February 6, 1998.

Attorney(s) appearing for the Case

J. Murray Shaeffer, Lincoln, for appellant.

Don Stenberg, Attorney General, and Hobert B. Rupe, Omaha, for appellees.

CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CONNOLLY, Justice.

Appellant, Thomas McAllister, an employee of appellee the Nebraska Department of Correctional Services (Department), was terminated pursuant to Department administrative regulation No. 112.6, Employee Discipline, rule C-V006—Conduct Inappropriate for a State Employee. McAllister contends that his termination did not comport with due process. Specifically, McAllister asserts that regulation No. 112.6 prescribes a penalty and therefore is a...

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