ACLU of Nebraska Joins Prison Discipline Dispute

LINCOLN, Neb. – The American Civil Liberties Union (ACLU) of Nebraska is taking up the case of a man who says his rights were violated after he received a misconduct report at Community Corrections Center-Lincoln (CCC-L), a minimum-security state prison facility.

Grant Gregory filed a lawsuit this summer, representing himself. The ACLU of Nebraska joined his case earlier this month and filed an amended petition last Friday.

Gregory received a misconduct report in July stating he had entered CCC-L's main building, which houses the weekly programming schedule, without authorization. Gregory says he had received permission and had to pass through security to enter the building.

As a result of the misconduct report, Gregory was disqualified from earning 36 days of good time reduction to his sentence, assigned five hours of unpaid manual labor, and moved out of a housing unit meant to incentivize and reward good behavior.

His lawsuit takes issue with how the prison system responded after Gregory filed an Inmate Interview Request to seek a review of the misconduct report. A reply to the request stated that the report was ineligible for review, contradicting the prison system’s documented policies. Paperwork filed Friday cites Nebraska Department of Correctional Services (NDCS) Policy 217.01, which reads in part “incarcerated individuals may request a central office review of a [Unit Disciplinary Committee] decision if that decision disqualifies them for sentence reduction.”

Today’s filing argues that prison officials violated Gregory's due process rights when they failed to follow their own regulations and it raises concerns more broadly with the disciplinary process itself. The petition states that the Unit Disciplinary Committee procedure – which is meant for minor rule infractions – cannot meet statutory or constitutional due process requirements when loss of good time is in play. Finally, it argues that the five hours of compelled work violate the Nebraska Constitution’s ban on involuntary servitude. In 2020, Nebraska voters decisively removed an exemption to that ban for people serving criminal sentences.

Gregory and his attorneys are seeking a judicial declaration affirming that Gregory’s rights were violated and a court order requiring prison administrators to review the misconduct report. Gregory believes a review would provide an opportunity to present evidence and hopefully show officials that the report should be rescinded.

Gregory said:

“Many of my peers have also faced these kinds of ambiguous, one-sided disciplinary actions with our side of the story mostly disregarded. We are treated as less than fellow Nebraskans just because of past mistakes. Taking this struggle to the judicial branch is crucial for change. To me, it is a way to give voice to the voiceless.”

Grant Friedman, staff attorney with the ACLU of Nebraska, said:

“With a single trip to CCC-L's main building, our client lost out on the possibility of a month of earned good time and received an unlawful work assignment. Prison officials have the power to take disciplinary action, but they can only deprive someone of liberty when they’re acting within the bounds of fair rules, policies and procedures. All Grant is asking for is due process, and we are working to make sure he receives it.”

Gregory is currently on educational release, allowing him to leave CCC-L for set hours each weekday as he studies engineering at the University of Nebraska-Lincoln. He enrolled at UNL this fall and previously took classes through Southeast Community College while incarcerated at the Nebraska State Penitentiary.

Grant is completing a sentence for a fifth DUI conviction. He has regularly participated in reentry programming while in prison and credits 5-Key Model programs as part of his motivation to seek a fresh start by pursuing a degree.