Resolved

During 2020’s historic protests, Omaha Police met peaceful protesters with militarized force and made mass arrests to enforce minor misdemeanor charges. 

The answer to protests against police brutality should never be more brutality.

On behalf of the Omaha organization ProBLAC and a diverse group of citizens calling for racial justice, the ACLU of Nebraska filed a lawsuit that argued that Omaha Police's aggressive enforcement of unconstitutionally vague city codes violated protesters' rights under the U.S. Constitution, chilling peaceful free expression and subjecting protesters to unreasonable arrests and excessive force. 

Litigation ended successfully with a settlement agreement. Conditions of the enforceable, two-year agreement resulted in updated city ordinances that better protect the rights of people speaking out in the streets. Conditions also included provisions limiting police use of chemical agents and impact munitions, keeping Omahans safer in the future as they practice their First Amendment right to peacefully gather and call for change.

October 5, 2020 case announcement

January 7, 2021 case settlement announcement

A reminder to local teachers and administrators: students have rights.

We’re representing a student who was assaulted by a teacher while he was at a dance at Niobrara High School. After school officials initiated force to remove the student, a teacher punched him in the face.

When a teacher physically harms a student, they violate that student’s basic constitutional protections including due process, equal protection, and the loss of a fundamental liberty interest in participating in school events and receiving fair treatment. This doesn’t happen equally. Teachers are far more likely to subject students who are Black or Native to harmful physical discipline.

Schools have a legal responsibility to create a safe environment for all students.

We represented this student to make things right and send a message about what happens when teachers harm students and push them out of school events. Our team settled this case and this student was awarded damages. 

As young people engaged in peaceful protest in support of Black lives and against police brutality, law enforcement officers in Lincoln met those calls with a militarized response and brutal police practices.

On May 31, 2020, Elise Poole was with other young leaders protesting for long overdue change. In the course of a massive militarized police response, an officer shot Elise in the face with an impact munition while she was providing first aid to other protesters. Her severe and graphic injuries have made news locally and beyond.

Hundreds of young Nebraskans, primarily Black and Brown leaders, were arrested or injured during recent protests in Nebraska. We are committed to helping all of them and making things right for young people like Elise and other protesters dealing with similar circumstances.

In addition to taking up Elise’s cause, our Freedom Fund is funding direct legal support to other courageous protesters.

We are proud to advocate for all our protesters and we’re proud to take up Elise’s cause. We worked to hold law enforcement accountable, vindicating Elise’s constitutional rights, and made sure that she was fully compensated for her medical bills, pain and suffering, ongoing health care, and the haunting trauma resulting from the incident.

April 2022 Case update: City Council Approves Settlement