STATE EX REL. RHILEY v. NEB. STATE PATROL

No. S-17-1261.

917 N.W.2d 903 (2018)

301 Neb. 241

STATE of Nebraska EX REL. Billy D. RHILEY, appellant and cross-appellee, v. NEBRASKA STATE PATROL, Appellee and cross-appellant.

Supreme Court of Nebraska.

Filed October 5, 2018.


Attorney(s) appearing for the Case

Jared J. Krejci , of Leininger, Smith, Johnson, Baack, Placzek & Allen, Grand Island, for appellant.

Douglas J. Peterson , Attorney General, and David A. Lopez , Lincoln, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.


Billy D. Rhiley filed this mandamus action against the Nebraska State Patrol (NSP) seeking an order commanding the NSP to remove from the public record information regarding his 1991 arrest. The NSP argued (1) the mandamus action was barred by sovereign immunity and thus the court lacked subject matter jurisdiction, (2) the action was...

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