BAXTER v. NEBRASKA DCS

No. A-01-674.

663 N.W.2d 136 (2003)

11 Neb. App. 842

Fred BAXTER, Appellee, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, Appellant.

Court of Appeals of Nebraska.

May 27, 2003.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Jennifer Amen for appellant.

Fred Baxter, pro se.

IRWIN, Chief Judge, and SIEVERS and INBODY, Judges.


INBODY, Judge.

INTRODUCTION

The Nebraska Department of Correctional Services (DCS) appeals the order of the Lancaster County District Court reversing the decision of the DCS Appeals Board affirming the disciplinary committee's finding that Fred Baxter had violated DCS "Rule 5-I-H—Drug or Intoxicant Abuse." For the reasons stated herein, we reverse.

BACKGROUND

On November 29, 2000, Baxter submitted a urine sample for drug or alcohol testing...

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