6 Republicans, 1 Democrat
Nebraska
State Supreme Court
Eighth Amendment Cognate
[Source: State Constitutional Provision, Column E, State SC and 8A Summaries]
- NEB. CONST. Art. I, § 9 (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”) Doe v. Nebraska, 734 F.Supp.2d 882 (2010) (Neb constitution doesnt require more than 8th amendment)
Protective Legislation
- VULNERABLE GROUPS LIMITS – On May 2019, the Nebraska Legislature approved LB686, a bill that prohibits the Nebraska Department of Correctional Services (NDCS) from putting members of vulnerable populations in restrictive housing and requires an annual restrictive housing report from the NDCS director be shared with members of the restrictive housing work group before its release. Vulnerable groups include juveniles, pregnant people, and those with serious mental illnesses, developmental disabilities, or traumatic brain injuries. LB686 also stipulates that no inmate can be put in restrictive housing unless done in the least restrictive manner and in line with the Administrative Procedure Act.