FITZGERALD v. CLARKE

No. A-99-798.

621 N.W.2d 844 (2001)

9 Neb.App. 898

Michael FITZGERALD et al., Appellees, v. Harold CLARKE, Appellant.

Court of Appeals of Nebraska.

January 30, 2001.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Melanie J. Whittamore-Mantzios, for appellant.

George L. Shepard and Leo Boerger, pro se.

HANNON, INBODY, and MOORE, Judges.


HANNON, Judge.

In this case, the State appealed from a May 18, 1999, order of the district court which ordered Harold Clarke, director of the Nebraska Department of Correctional Services, and those under his authority to not confiscate or remove from the possession of inmate Leo Boerger any eight-track tape, cassette tape, or compact disc which would not be contraband or excessive property under regulations existing prior to January 17, 1997, but which would constitute...

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