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Appeals Court Upholds Dismissal of Lawsuit Against Lincoln Regional Center

federal-court-of-appeals(AP) — A federal appeals court has upheld the dismissal of a psychiatric patient’s lawsuit, filed after he lost his unsupervised walks on hospital grounds.

John Maxwell Montin’s sued Lincoln Regional Center administrators after being told in 1996 he could no longer walk the center’s grounds alone. A federal judge dismissed the lawsuit last year, ruling that revoking the solo walks did not deprive him of his due process and equal protection rights.

Montin was sent to the psychiatric hospital in 1994 after being found not responsible for attempted murder and other counts by reason of insanity in 1993.

A year earlier, authorities say Montin walked onto southwestern Nebraska farm, saying it belonged to his ancestors and that he was taking it back. A shootout with police followed. No one was injured.

Lightning Strike Injures Three Children at Indiana Camp

lightning-strike(AP) — Indianapolis police say three children were injured when lightning struck a summer camp on the north side of the city, including one child who was critically hurt.

Officer Kendale Adams says the critically injured child was taken to Indianapolis St. Vincent Hospital, but the child’s condition wasn’t immediately known. The other two were taken to Riley Hospital for Children in stable condition.

Witnesses told police that the children were injured when lightning struck shortly before 2 p.m. Saturday at the Goldman Union Camp Institute, a Reform Jewish summer camp.

Adams says he didn’t have ages or genders of the victims because camp officials didn’t want the information released.

The camp director didn’t return a message from The Associated Press.

Lincoln Doctor Loses Records of Over 2,000 Patients

Dr. James Fosnaugh
Dr. James Fosnaugh

(AP) — A Lincoln doctor’s office is warning its patients about the possibility of identity theft after losing a computer device with 2,125 records on it.

Wedgewood Legacy Medical sent a letter to patients and issued a news release as required by health privacy laws.

The doctor’s office says the records were lost sometime in May. Officials believe the records were on a thumb drive Dr. James Fosnaugh wore around his neck to review cases.

The doctor’s office says Social Security numbers weren’t included in the records, but names, birthdates, addresses and phone numbers were.

The doctor’s office says it no longer stores patient records on portable devices.

Grand Island Man Sentenced in Child Enticement Case

jail(AP) — A Grand Island man who sent nude photos of himself to a Canadian teenage has been sentenced to seven months in the Hall County Jail.

26-year-old Shaun Broxterman was sentenced Friday in Hall County District Court after earlier pleading no contest to misdemeanor attempted enticement by electronic communication device,

Prosecutors say Broxterman exchanged messages and nude photos with the 15-year-old girl between Nov. 12, 2011, and Aug. 22, 2012.

In addition to his jail sentence, Broxterman must register as a sex offender.

Supreme Court Rejects Nebraska Man’s Bid for Release from Prison

ne-supreme-court(AP) — The Nebraska Supreme Court has rejected a request for post-conviction relief by a man serving life in prison for the fatal shooting of a 16-year-old boy.

Jason Marks was convicted in 1994 of the drive-by shooting of 16-year-old Arthur Godbolt. Police say Marks was 18 when he engaged in a shootout with a rival gang member. Godbolt, who was standing nearby and not armed, was hit in the head by a bullet Marks fired.

Marks’ motion for postconviction relief accused the judge and prosecutor in his case of misconduct. Marks also alleged his trial attorney was ineffective.

Prison inmates file postconviction relief motions once they have exhausted all other appeals.

On Friday, the state’s high court rejected Marks’ motion, saying there was no merit to his claims.

Maine Girl, 11, Found Incompetent to Stand Trial in Death of Infant

gavel(AP) — A Maine judge has ruled that an 11-year-old girl charged with manslaughter in the death of an infant remains incompetent to stand trial.

The judge said Friday the Fairfield girl’s detention and conditions of release are unchanged, pending further discussion of her ability to stand trial.

The girl was 10 when she was charged with manslaughter in the death of 3-month-old Brooklyn Foss-Greenaway in July. The infant was staying at the home of the girl’s mother, who was babysitting her.

The infant’s mother was told she died from suffocation and had trace amounts of a medication that the girl had been taking in her system.

The girl’s lawyer could not be reached for comment Saturday.

 

Omaha Police Officer Ordered to Testify in Excessive Force Case

omaha-police(AP) — An Omaha police officer has been ordered to answer prosecutors’ questions about the March arrests of three brothers that led to four officers being fired.

Douglas County District Judge Peter Bataillon ordered Officer Dyea L. Rowland to cooperate with prosecutors in the evidence-tampering case against fired Officer James Kinsella.

Prosecutors sought the order, fearing Rowland would refuse to testify based on her right against self-incrimination.

The case stems from the March 21 arrest of three brothers that was secretly recorded by a neighbor. The recording shows a man being punched by an officer while he was restrained.

Prosecutors say Kinsella illegally confiscated a cellphone memory card from the man’s brother, who also videotaped the arrest, and threw the card away.

Nebraska Teen Killed in One-Vehicle Crash

fatal-crash(AP) — A Winnebago teen has died in a one-vehicle rollover crash.

The crash happened early Saturday morning just south of the Winnebago Indian Reservation.

The Nebraska State Patrol says 17-year-old Mary Miller was traveling at a high rate of speed on U.S. Highway 75 around 2 a.m. when her vehicle blew a tire. Investigators say the vehicle went out of control, collided with a grove of trees, rolled and came to rest on its top in a ditch.

Patrol officials say Miller was not wearing a seat beat when the crash occurred.

Nebraska Man Among Those Missing at Sea in New Zealand

(AP) — A Nebraska man is among seven people reportedly lost at sea between New Zealand and Australia.

Kyle-Jackson
Kyle Jackson (Photo Courtesy of University of Nebraska at Lincoln)

The family 27-year-old  learned on Friday that New Zealand authorities concluded a classic American schooner carrying seven people sank between New Zealand and Australia earlier this month. Jackson’s family says he was aboard the “Nina.”

Jackson graduated from the University of Nebraska-Lincoln in 2009 with a degree in environmental studies and was a page for U.S. Sen. Ben Nelson in 2006.

He worked on a farm west of Lincoln and with his father on a ranch near Bassett.

His family says they’re hoping for good news as rescue crews search for the boat and any survivors.

NE Humane Society Says Story of Dogs in Bag a Hoax

nebhumane(AP) — The Nebraska Humane Society says a man’s story about finding a small dog inside a trash bag was a load of garbage.

The 28-year-old man showed up at the Humane Society’s Omaha shelter Friday, saying he found the black terrier mix in a tied trash bag.

But by Saturday, Humane Society officials had learned the man owned the dog. When questioned, the man admitted to making up the story. Officials say the man wanted to give up the dog because of housetraining problems, but feared he would have to pay a fee to surrender it or for not having it licensed.

The man has been cited for lying about how he came into possession of an animal.

The shelter does not charge a fee for surrendering animals.

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