Heist v. Neb. Dep't of CorrectionsAnnotate this Case
The Supreme Court affirmed the judgment of the district court dismissing Petitioner's petition for declaratory judgment under the Administrative Procedure Act and Nebraska's Uniform Declaratory Judgments Act, holding that good time earned pursuant to Neb. Rev. Stat. 83-1.107(2)(b) has no applicability to an inmate's parole eligibility date (PED).
Petitioner, an inmate in the Nebraska Department of Correctional Services (DCS) system, brought a petition for declaratory judgment arguing that good time credit earned pursuant to Neb. Rev. Stat. 83-1,107(2)(b) applies to an inmate's PED. The district court dismissed the petition. The Supreme Court affirmed, holding that good time credit earned pursuant to section 83-107(2)(b) is applicable only to reduce an inmate's maximum sentence.