Nebraska ACLU prison overcrowding lawsuit survives legal challenge

U.S. District Judge Robert Rossiter has ruled that the ACLU’s lawsuit against the state of Nebraska over conditions in the state’s prisons can proceed, though the judge dismissed portions of the lawsuit.

“This is a complete victory for us. All of our claims survive, all of our claims go forward,” said David Fathi, who directs the ACLU’s national effort to ensure civil rights of prison inmates. 

The judge, in his ruling, clarified that the lawsuit can proceed, though the state agencies cannot be sued directly. Fathi said that the state agencies are still part of the lawsuit, however, because the agency heads, in their official capacities, remain as defendants.

The story is reported in the Omaha World-Herald

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