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GRIFFITH v. DEPT. OF CORRECTIONAL SERVICES

No. S-18-569.

934 N.W.2d 169 (2019)

304 Neb. 287

Rev. Stephen C. GRIFFITH and Senator Ernie Chambers, appellants, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES et al., appellees.

Supreme Court of Nebraska.

Filed October 18, 2019.

Attorney(s) appearing for the Case

Amy A. Miller , of American Civil Liberties Union of Nebraska, Christopher L. Eickholt , of Eickholt Law, L.L.C., and David Litterine-Kaufman , Rene Kathawala , and Suzette J. Barnes , of Orrick, Herrington & Sutcliffe, L.L.P., for appellants.

Douglas J. Peterson , Attorney General, and Ryan S. Post , Lincoln, for appellees.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ., and Arterburn, Judge.

Two Nebraska citizens brought this action alleging that the Nebraska Department of Correctional Services (DCS) did not comply with statutory and constitutional requirements when, in January 2017, it adopted an "Execution Protocol," a regulation setting forth how death sentences are to be carried out. The plaintiffs, proceeding under Neb...

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