PONCE v. NEBRASKA DCS

No. S-00-855.

641 N.W.2d 375 (2002)

263 Neb. 609

Cedric PONCE, Appellee, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, Appellant.

Supreme Court of Nebraska.

April 5, 2002.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Amber Fae Herrick, for appellant.

Cedric Ponce, pro se.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, J.

NATURE OF CASE

A prison disciplinary committee determined that Cedric Ponce, an inmate at the Nebraska State Penitentiary, had failed to comply with his personalized program plan (plan), in violation of Nebraska Department of Correctional Services (DCS) rule 5 I M. As a result, he lost 3 months' good time. Ponce appealed to the DCS Appeals Board (Board), which affirmed the imposition of loss of good time. The Lancaster County District Court reversed...

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