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ACLU of Nebraska challenges execution protocol in lawsuit

By GRANT SCHULTE ,  Associated Press
LINCOLN, Neb. (AP) — The American Civil Liberties Union of Nebraska filed a new lawsuit Monday to challenge the state’s lethal injection protocol, arguing that officials adopted a flawed protocol last year without adequate public review.

The lawsuit seeks a judge’s order to prevent the state from moving forward with executions until it enacts regulations that comply with state and federal laws, and provides an opportunity for adequate input and review.

The Nebraska Department of Correctional Services has defended its protocol, which gives Director Scott Frakes greater flexibility to choose which drugs are used in executions. The lawsuit takes issue with the department’s claims that its staff didn’t produce any early drafts of the protocol and didn’t consult with experts before approving the new version.

Nebraska previously relied on a protocol with three specific drugs, but abandoned it after repeatedly failing to get sodium thiopental from overseas suppliers. The drug is no longer manufactured in the United States.

“Nebraskans of goodwill hold different point on the death penalty,” said Danielle Conrad, executive director of the ACLU of Nebraska. “However, Nebraskans across the political spectrum agree that when the state seeks to implement its most grave function, it must do so within the bounds of the law.”

The lawsuit was filed in Lancaster County District Court on behalf of state Sen. Ernie Chambers, of Omaha, and the Rev. Stephen Griffith, who have both fought to abolish the death penalty.

Chambers also filed a formal complaint with the Legislature last week, alleging that Nebraska’s lethal injection protocol is unconstitutional. The complaint was referred to the Judiciary Committee for a possible hearing.

Nebraska corrections officials have taken several steps in the last year to resume executions after more than two decades. The last execution was in 1997.

The department recently notified death-row inmates Carey Dean Moore and Jose Sandoval of the drugs it intends to use in their executions, but the Nebraska Supreme Court hasn’t approved a death warrant for either man.

A Department of Correctional Services spokeswoman said the agency doesn’t comment on pending lawsuits.

University of Nebraska free speech policy draws criticism

LINCOLN, Neb. (AP) — Two organizations criticized new University of Nebraska directives on free speech and draft proposals on campus free speech zones, saying they restrict expression.

University of Nebraska campuses were directed to develop policies that limit public forums to certain buildings and grounds after the Board of Regents approved a new free expression policy in January.

The Academic Freedom Coalition of Nebraska and the American Civil Liberties Union of Nebraska have opposed the board’s policy. AFCON said it places “unconstitutional restrictions” on what and where expression is considered free on campus.

The University of Nebraska-Lincoln faced a challenge to free speech in August when a graduate student-lecturer made an obscene hand gesture and belittled a student recruiting for the archconservative Turning Point USA. The situation led to questions about whether the student was sitting in a free speech area while she distributed her information.

The incident, in part, led to the regents’ request for campuses to write regulations for buildings and grounds.

Retired professor Sam Walker said he plans to stage a protest against the proposed grounds and facilities policy April 9 at the University of Nebraska-Omaha.

“It’s public property, it’s state property, it’s supported by tax dollars,” Walker said of the campus.

AFCON criticized a “tip sheet” distributed to University of Nebraska-Lincoln faculty last month as being “unconstitutional speech code.”

The tip sheet was developed by the office of Executive Vice Chancellor Donde Plowman to assist lecturers and graduate students in handling difficult situations in the classroom, said a spokeswoman for UNL. It directs faculty to include “a safe and civil discourse statement” in each course’s syllabus. It also notes that students may be disciplined if their speech is deemed “abusive, harassing, intimidating or coercive.”

UNL spokeswoman Leslie Reed said the policies aim to formalize practices that weren’t well articulated in the past. She said they hope to have the policies in place by early May.

University of Nebraska-Lincoln decentralizes honors ceremony

LINCOLN, Neb. (AP) — The University of Nebraska-Lincoln will no longer hold a university-wide honors convocation to recognize its high-level academic achievers.

The convocation will be replaced with smaller, more intimate ceremonies hosted by individual colleges.

The ceremony held about two weeks before commencement wasn’t well-attended, said Annette Wetzel, the university’s director of special events.

“All the deans were in agreement and a lot of them were already doing their own things within their own colleges,” she said.

Wetzel said the event had undergone several transformations in its 90-year history, becoming a source of confusion for students and families. The ceremony also became a hardship for many who had to travel long distances to Lincoln twice in one month.

The College of Arts and Sciences will recognize the top 10 percent of its students at its annual Celebration of Excellence event on April 27.

The college has been making the ceremony more student-focused in recent years, said Terri Pieper, the college’s communication director.

“In the last few years, we’ve added senior reflections where we select graduating seniors who represent humanities, social, mathematical and natural sciences to share moments from their college experience,” Pieper said.

The College of Business pushed its honors convocation to the fall to consider students’ final spring semester grades, according to Sheri Irwin-Gish, the college’s executive director of communications, marketing and external relations.

Wetzel said the university is “hoping this will be better for students and parents, and just a better experience for all.”

Nebraska governor hopeful Krist drops ballot-law challenge

Bob Krist

Krist said Tuesday that his standing in the federal lawsuit has changed, now that he’s set to appear on the Democratic primary ballot. But Krist says ballot access for independent candidates remains an important issue for him, and called on lawmakers to overturn such restrictions in next year’s session.

Krist, a state senator, had challenged restrictions that require independent candidates to get roughly 120,000 signatures to appear on the ballot. He later decided to run as a Democrat to challenge Republican Gov. Pete Ricketts.

Nebraska bill to adjust SSI brackets for inflation advances

LINCOLN, Neb. (AP) — Nebraska lawmakers have advanced a bill to ensure that the state’s tax on Social Security Income changes to compensate for inflation.

Senators gave the measure first-round approval Tuesday on a 36-0 vote. Two additional votes are required before it goes to Gov. Pete Ricketts.

The bill seeks to address cost-of-living benefit increases that can bump taxpayers into a higher bracket, where they end up paying more. The bill would compensate by automatically adjusting the state’s tax brackets for Social Security income.

The bill by Sen. Brett Lindstrom of Omaha wouldn’t go into effect until 2020. It would cost an estimated $1.3 million by fiscal year 2021.

Lawmakers passed a similar law for individual income taxes in 2014.

Some rural Nebraska advocates oppose governor’s tax plan

LINCOLN, Neb. (AP) — Some groups that advocate for rural Nebraska and farms are voicing opposition to Gov. Pete Ricketts’ tax plan, despite his efforts to unite agricultural and business groups.

Five organizations sent a letter to lawmakers on Monday, urging them to reject the package. The letter was signed by representatives of Nebraska Women Involved in Farm Economics, Nebraska Grange, the Center for Rural Affairs, the Independent Cattlemen of Nebraska and the Nebraska Farmers Union.

The groups argue that the governor should focus more on state funding for K-12 education as a way to lower property taxes.

Ricketts has rallied several agricultural groups behind his plan, including the Nebraska Farm Bureau, the Nebraska State Dairy Association, Nebraska Pork Producers and the Nebraska Soybean Association.

Bills to address Nebraska’s prison overcrowding stalls

By TESS WILLIAMS ,  Associated Press
LINCOLN, Neb. (AP) — With limited time left in the legislative session, lawmakers hit a roadblock Tuesday in their efforts to address overcrowding and other problems in the Nebraska Department of Correctional Services.

Sen. Laura Ebke, of Crete, said the package of five bills was intended to be noncontroversial and make small progress toward reducing the prison population. The corrections department faces a state-mandated deadline to significantly reduce the number of incarcerated inmates by 2020.

With only ten working days remaining in the session, the bill’s fate is up in the air because of a filibuster.

Nebraska’s prisons held a combined daily average of 5,229 prisoners last year in facilities that were designed to hold 3,275, placing them at roughly 160 percent of their design capacity, according to the department. Lawmakers imposed a July 1, 2020, deadline to lower that total to 140 percent of capacity.

If the agency doesn’t reach that goal, an “overcrowding emergency” will be declared and officials will have to consider paroling all eligible inmates.

For years, Gov. Pete Ricketts and lawmakers have attempted to address increasing problems within the corrections department, including overcrowding, understaffing, two deadly riots in a two-year span and the June 2016 escape of two inmates. Despite meetings with national consultants, increasing funding for prisons and passing several major laws designed to reduce the crowding, limited progress has been made.

Measures in the package would require a regular staffing analysis to look at employment levels and needs within the mental health department, and require agency officials to create a plan to accelerate the parole review process in the event of an “overcrowding emergency.” The package would also allow the early release of inmates who are terminally ill and create a procedure that would attempt to reduce recidivism by protecting inmates who are at risk of overdosing on opioids after their release.

Many senators voiced concerns that the package did not go far enough to address longstanding issues.

Sen. Bob Krist, of Omaha, said the measure was watered down by attempts to appease department officials and compromises intended to remove anything remotely controversial. The original bill included nine measures, but four were removed. Krist said the package would have been stronger if all the bills remained.

Sen. Ernie Chambers, of Omaha, said legislators were focusing too much on opinions from other agencies and branches of the government, and mounted a filibuster to try and derail the bill. He said the filibuster had “nothing to do with the bill itself,” but was “collateral damage” because the Legislature needs to act independently and without agency influence.

Ebke said the Judiciary Committee tried to screen for potential objections prior to Tuesday’s debate by talking with lawmakers and department officials to find constructive feedback. With only ten working days remaining, she said she is worried legislators may not have the chance to improve corrections this year.

Ebke said she pulled the bill from the floor, and she’s unsure if enough votes remain to bring it back. She said she is hopeful to reach a compromise with Chambers and advance the legislation swiftly next week.

Man accused in shooting at NP ‘after-bar’ party

Andy Carter, Jr.

A man has is facing charges after police say he shot a man in the leg early Sunday morning at a residential “after-bar” party.

On March 25, at 2:17 AM, officers responded to a large gathering and possible shots fired call in the 600 block of south Vine.

Officers arrived to find over 50 people milling around in the street and a nearby residence.  It was learned that an after-bar party was being held at a residence in the block.  The crowd began to disperse once officers arrived.

Officers met with numerous subjects who were interviewed.  It was soon learned that somebody did fire a gun and a short time later officers were summoned to GPH as a male subject had arrived with a possible gunshot wound.

In speaking with witnesses, it was reported that the party got out of hand and some fights were breaking out.  It was reported that a male subject (22-year-old victim) was on the front porch when he was punched in the face by an unknown subject.  The victim and another individual fell from the porch and then seconds later heard a gunshot then saw a black male running away.

The victim realized he was shot and was driven to the hospital by an acquaintance.

Others interviewed at the party reported that Andy Carter had been showing off a handgun at the party and there were witnesses that saw Andy fire a handgun then run away on foot.

Officers met with the victim hospital and learned he had a gunshot wound on his lower leg.  He also had injuries to his face from being assaulted on the front porch.  It is unclear at this time who punched the victim in the face.  The injuries to the victim aren’t life threatening.

Carter was located on foot near Wendy’s by LCSO about 30 minutes after this incident was reported.  After speaking with Andy officers were able to locate the handgun a few blocks away from where the shooting occurred.  Andy was incarcerated for 2nd degree assault and used of a weapon to commit a felony.

Nebraska finds new management for troubled nursing homes

LINCOLN, Neb. (AP) — The state has taken control of 21 nursing homes around Nebraska because their owner couldn’t make payroll.

The homes’ owner, Cottonwood Healthcare, also known as Skyline, notified the state about its financial crisis, so the state took action.

A Lancaster County judge approved a plan Friday to put the homes in receivership and under the management of Klaasmeyer and Associates while a plan for the homes’ future is prepared.

State officials also are working to ensure that residents of the facilities are receiving proper care.

Nebraska farmers encouraged to respond to USDA census

LINCOLN, Neb. (AP) — Nebraska farmers and ranchers still have time to respond to the Agriculture Department’s annual Census that will help shape farm policy.

The USDA’s National Agricultural Statistics Service is collecting the information. So far, only about 46 percent of the questionnaires that were sent out in December have been returned.

Dean Groskurth with the Agriculture Department says it’s important to gather the most complete data possible in this census because the data influences important decisions on policy, disaster relief, and insurance programs.

More information about this effort is available online at www.agcensus.usda.gov.

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