United States Eighth Circuit

In an action challenging Nebraska's implementation of Legislative Bill 126 concerning the merger of certain school districts, an appeal from judgment for defendants on various constitutional claims is dismissed in part and affirmed in part where: 1) plaintiff failed to allege a personalized injury for standing on a substantive due process claim; 2) plaintiff failed to allege a particularized injury to bring a procedural due process claim; and 3) the district court properly applied the doctrine of res judicata to preclude plaintiff's right-to-vote claims.

Appellate Information

• Decided 04/28/2008
• Published 04/28/2008

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donald B. Stenberg, argued, Erickson & Sederstrom, Omaha, NE, for appellant.


• For Appellees:
  
• Dale A. Comer, A.A.G., argued, Lincoln, NE (Charles E. Lowe, A.A.G., Lynn A. Melson, A.A.G., on the brief), for appellee.