83-4,123 Access to courts and legal assistance unrestricted.

NE Code § 83-4,123 (2019) (N/A)

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83-4,123. Access to courts and legal assistance unrestricted.

Nothing in sections 83-4,109 to 83-4,123 shall be construed as to restrict or impair an inmate's free access to the courts and necessary legal assistance in any cause of action arising under such sections or to judicial review for disciplinary cases which involve the imposition of disciplinary isolation or the loss of good-time credit in accordance with the Administrative Procedure Act. Such judicial review may only be invoked after completion of any review of the hearing prescribed by section 83-4,122 by the department.

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An inmate's right of access to the courts in Nebraska is no greater than those rights of access to the federal courts under the U.S. Constitution. Jacob v. Nebraska Dept. of Corr. Servs., 294 Neb. 735, 884 N.W.2d 687 (2016).

Judicial review of a disciplinary case in an adult institution is permitted only when the disciplinary action imposed on the inmate involves the imposition of disciplinary isolation or the loss of good-time credit. Dittrich v. Nebraska Dept. of Corr. Servs., 248 Neb. 818, 539 N.W.2d 432 (1995).

Judicial review of disciplinary cases is limited to those cases which involve the imposition of the penalties enumerated in this section. Abdullah v. Nebraska Dept. of Corr. Servs., 245 Neb. 545, 513 N.W.2d 877 (1994).

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83-4,122 Disciplinary procedures; director establish; principles.

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83-4,124 Legislative intent; Jail Standards Board; created; administration by Nebraska Commission on Law Enforcement and Criminal Justice; members; qualifications; terms; expenses.