SANDOVAL v. RICKETTS

No. S-18-390.

922 N.W.2d 222 (2019)

302 Neb. 138

Jose SANDOVAL et al., Appellants and Cross-Appellees, v. John Peter RICKETTS, Governor of the State of Nebraska, et al., Appellees, Don Stenberg, Nebraska State Treasurer, et al., Appellees and Cross-Appellants, and Arthur L. Gales et al., Appellees and Cross-Appellees.

Supreme Court of Nebraska.

Filed January 25, 2019.


Attorney(s) appearing for the Case

Brian William Stull , of American Civil Liberties Union Foundation, Amy A. Miller , of American Civil Liberties Union of Nebraska Foundation, Christopher L. Eickholt , of Eickholt Law, L.L.C., and Brett J. Williamson , Luann Simmons , and Bill Trac , of O'Melveny & Myers, L.L.P., for appellants.

Douglas J. Peterson , Attorney General, and Ryan S. Post , Lincoln, for appellees John Peter Ricketts et al.

Bartholomew L. McLeay , of Kutak Rock, L.L.P., Omaha, for appellee John Peter Ricketts in his individual capacity.

J.L. Spray , Lincoln and Christina L. Usher , of Mattson Ricketts Law Firm, and Ryan K. McIntosh , of Brandt, Horan, Hallstrom & Sedlacek, Nebraska City, for appellees Don Stenberg et al.

Tracy Hightower-Henne , of Hightower Reff Law, Omaha and Kevin Barry , of Quinnipiac University School of Law Legal Clinic, for amici curiae Legal Scholars.

Heavican, C.J., Cassel, Stacy, Funke, and Papik, JJ., and Pirtle and Riedmann, Judges.


INTRODUCTION

Plaintiffs are eight death row inmates. The inmates filed suit seeking a declaratory judgment that 2015 Neb. Laws, L.B. 268, which abolished the death penalty in Nebraska, was not repealed by referendum. The inmates further sought injunctive relief preventing the Department of Correctional Services and its director...

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