S-20-0813 Robert J. Heist, II (Appellant) v. Nebraska Dept. of Correctional Services, et al.

Lancaster County District Court, Hon. John A. Colborn

Attorneys: Robert J. Heist, II, pro se; Scott R. Straus (Office of the Attorney General, for Appellee)

Civil: Declaratory judgment; Administrative Procedures Act (APA)

Proceedings Below: The district court ruled on cross-motions for summary judgment filed by the parties. The district court overruled Appellant’s motion and sustained the Appellees’ motion. Appellant’s petition for declaratory judgment was dismissed.  

Issues on Appeal: Summarized and restated, Appellant assigns the following errors: whether the district court erred in 1) finding that NDCS Policy 104.08 is simply an internal procedural document and that the district court lacked subject matter jurisdiction over Appellant’s APA claim; 2) finding no reduction in Appellant’s sentence under Neb. Rev. Stat. §§ 83-1,107(2)(a) or (b) have been applied to his sentence; 3) interpreting the plain language of Neb. Rev. Stat. §§ 83-1,107 and 83-1,110; and 4) not following precedent in Johnson v. Kenney, 265 Neb. 47 (2002), State v. Castillas, 285 Neb. 174 (2013), and Caton v. State, 291 Neb. 939 (2015).