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JOHNSTON v. DEPT. OF CORRECTIONAL SERVICES

No. S-04-1404.

709 N.W.2d 321 (2006)

270 Neb. 987

Sean JOHNSTON, appellant, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, appellee.

Supreme Court of Nebraska.

January 27, 2006.

Attorney(s) appearing for the Case

Sue Ellen Wall, of Wall Law Office, for appellant.

Jon Bruning, Attorney General, Kimberly Taylor Riley, and Eileen L. McBride, Omaha, for appellee.

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

STEPHAN, J.

The issue presented by this appeal is whether a decision by the Nebraska Department of Correctional Services (DCS) to place a prisoner on administrative confinement status after dismissal of a misconduct report is reviewable under the Administrative Procedure Act pursuant to Neb.Rev.Stat. § 84-917(1) (Reissue 1999). We conclude that the issue has become moot because the prisoner is no longer in administrative confinement and has been returned to the...

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