LINCOLN, Neb. (AP) — The group that led a petition drive to reinstate Nebraska’s death penalty is asking a judge to dismiss a lawsuit that could keep the issue off the 2016 ballot.

Attorneys for Nebraskans for the Death Penalty filed a motion to dismiss the case earlier this week, arguing that the death penalty opponents who sued have failed to state a legitimate claim.

Nebraskans for the Death Penalty is also seeking an order to halt discovery in the case until the judge rules on the motion to dismiss.

The lawsuit filed last month argues that the death penalty ballot measure is invalid because Gov. Pete Ricketts wasn’t listed as a sponsor even though he was a major donor.

A hearing on the motions is set for Nov. 16.

Thomas R. Metz, Special Agent in Charge (SAC) of the FBI Omaha Division, is notifying the public about a telephone scam that is targeting local residents.

The scam begins with the caller identifying themselves as an FBI employee, and the Omaha Division telephone number is erroneously displayed in the caller ID as the originating number. The caller advises the recipient that they are eligible for a grant from the grants department of the federal government. The recipient is then asked to provide either credit card or bank account information in order to pay a processing fee for the grant, or they are told to send funds via Western Union. The FBI is in no way associated with providing grants to individuals or organizations.

The Omaha FBI Office has received multiple complaints from residents who have received one of these phone calls. As with most scams, the best protection against fraud is public awareness. The following tips are provided to avoid becoming a victim of a scam:

1. Scammers count on your lack of knowledge, so take the time to educate yourself about any offer you receive.
2. Don’t be pushed into a hasty decision.
3. Don’t provide financial information over the phone to unfamiliar companies or agencies.
4. Fraudulent telemarketers understand human nature—we all want to believe that it’s our lucky day, that we can get a great deal, or that we can solve our financial problems.
5. It’s illegal for telemarketers to ask for a fee up front.

If you receive one of these calls, please remember that when you send money to people you do not know personally or give personal or financial information to unknown callers, you increase your chances of becoming a victim of telemarketing fraud.

If you have information about a fraud, report it to a state, local, or federal law enforcement agency. You may call the Omaha Field Office of the FBI at 402-493-8688.

Additional tips for avoiding telemarketing fraud can be found at www.fbi.gov/scams-safety/fraud.

LINCOLN, Neb. (AP) — The University of Nebraska Foundation says it has raised more than $200 million in gifts and pledges for the third straight year.

The foundation announced Tuesday that it raised $212.7 million from nearly 40,000 donors for the fiscal year ending June 30. The fundraising total is the third-highest in the foundation’s 79-year-old history.

A record-breaking $258 million fundraising total was announced last year. The foundation raised $236 million in 2012-13.

The foundation provides funding for scholarships, academic programs, research and other initiatives. Tonn Ostergard, outgoing chairman of the foundation’s board of directors, said half of what was raised will go toward construction projects at the University of Nebraska’s four main campuses.

A 21-year-old North Platte man is in jail on felony charges after he allegedly sexually assaulted a young relative.

North Platte Police say they were contacted by the mother of the female victim, who alleged that her 15-year-old daughter had been sexually assaulted by a relative, Isaac Macias, when she was living in North Platte in April and May of 2015.

Police say they launched an investigation and, with the assistance of law enforcement where the girl currently lives, were able to conduct interviews with both the alleged victim and Macias.

On October 6, Macias was arrested and jailed on a charge of first-degree sexual assault of a child.

Nebraska law prohibits anyone 19-years-old and older from having sex with anyone under the age of 16.

According to authorities, Macias has previously been convicted of third-degree sexual assault of a child and is a registered sex offender.

UPDATE 10/7/15 2:30 p.m.

According to North Platte Police, the victim told investigators that, after she left work on Tuesday night, she stopped for three men who were driving in another vehicle.

The victim alleged that she was taken against her will to an unknown location south of North Platte, where she says she was physically and sexually assaulted, before being released.

Police say the injuries sustained by the victim are not life threatening, and their investigation into the matter is ongoing.

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The North Platte Police Department is investigating a strange series of events Tuesday night into Wednesday morning.

According to the NPPD, a call came in at around 1:09 a.m., Wednesday morning, regarding a possible missing person.

The caller, a family member, reported that a 22-year-old female had failed to pick up their child at the caretaker’s after getting off work.

They said the female called and said they were on their way at around 10:30 p.m., on Tuesday, then failed to show up.

Police, with assistance from the Lincoln County Sheriff’s Office, were able to locate the woman’s vehicle, still running, along the NPPD canal road just north of State Farm Road.

A Nebraska State Patrol aircraft was called in to assist and authorities began searching for the woman.

At around 6:29 a.m., a motorist came across a partially clothed woman along South Highway 83, just north of State Farm Road, and contacted police.

Officers responded and determined that the woman was the female they had been looking for.

She was transported to Great Plains Health for the treatment of unknown injuries.

The NPPD and LCSO are actively involved in the investigation, and will release more details when they become available.

THIS IS A DEVELOPING STORY, CHECK BACK FOR UPDATES

LINCOLN, Neb. (AP) — The Canadian company that wants to build the Keystone XL pipeline is taking steps to circumvent one of the major roadblocks in Nebraska.

But in filing an application Monday for the same proposed path with a state pipeline regulator, TransCanada could create another round of lengthy delays in an already drawn-out process.

It indicates a new push for the federally delayed Canada-to-Texas oil pipeline in a state where opponents have repeatedly thwarted efforts to complete it.

Former Gov. Dave Heineman approved the project in 2013 under a state law that allowed TransCanada to use eminent domain against holdout landowners, but opponents sued. The project has been mired in the courts ever since.

The Public Service Commission could be another avenue for route approval, though its decision can be appealed.

GERING, Neb. (AP) — A Gering man has been arrested on suspicion of stealing $1,500 to $2,000 worth of coins and silver medallions.

46-year-old Alvaro Villanueva was arrested Sunday. Police arrested Villanueva at a Gering home after getting information he was involved in a Friday burglary and searching his vehicles and residence.

Police say they found $300 in two laundry detergent containers in the bed of a pickup. Sheriff’s Deputy Hackett says he retrieved $1,400 from Villanueva, who was at the rear of the residence.

A receptionist at the Scotts Bluff County Jail said Tuesday that Villanueva had been released on bond. A phone number for him could not be found, and he does not have an attorney listed in online court records.

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NEW YORK (AP) — Health officials say more hospitals are encouraging new mothers to breast-feed.

A new report found more than two-thirds of hospitals in 2013 helped women start breast-feeding within an hour after birth. That’s up from 44 percent six years earlier.

Roughly 90 percent of hospitals teach moms breast-feeding techniques and how to recognize and respond to infant feeding cues.

But only about a quarter refrain from giving infants breast milk alternatives — like formula or water — unless medically necessary.

The Centers for Disease Control and Prevention surveyed about 2,700 hospitals for the report released Tuesday.

Overall, about 80 percent of U.S. babies breast-feed, at least briefly.

HOLDREGE, Neb. (AP) — A Holdredge man has given $1 million to the local YMCA — a gift he says is intended to both help local children and to honor his own late parents.

83-year-old Don Sjogren was on hand Saturday at the Holdrege YMCA for a gathering to rename the center the Don Sjogren Community YMCA.

Sjogren, who is not married and has no children, now lives at Holdrege Memorial Homes and described the joy he experienced participating in the YMCA’s Adopt-A-Grandparent program.

Sjogren said he also wanted his parents, Ernest and Helen, to be honored as part of his gift. Sjogren said his father was involved in the Rural Electrification Act and was instrumental in bringing electricity to parts of Phelps County.