Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 08/21/2020 08:07 AM CDT - 904 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports SCHAEFFER v. FRAKES Cite as 306 Neb. 904 Bernard Schaeffer, appellant, v. Scott Frakes et al., appellees. ___ N.W.2d ___ Filed August 21, 2020. No. S-19-938. 1. Motions to Dismiss: Pleadings: Appeal and Error. A district court’s grant of a motion to dismiss on the pleadings is reviewed de novo, accepting the allegations in the complaint as true and drawing all rea- sonable inferences in favor of the nonmoving party. 2. Motions to Dismiss: Pleadings. To prevail against a motion to dismiss for failure to state a claim, a plaintiff must allege sufficient facts to state a claim to relief that is plausible on its face. In cases in which a plaintiff does not or cannot allege specific facts showing a necessary element, the factual allegations, taken as true, are nonetheless plausible if they sug- gest the existence of the element and raise a reasonable expectation that discovery will reveal evidence of the element or claim. 3. Constitutional Law: Actions. A civil remedy is provided under 42 U.S.C. § 1983 (2012) for deprivations of federally protected rights, statutory or constitutional, caused by persons acting under color of state law. 4. ____: ____. In order to assert a claim under 42 U.S.C. § 1983 (2012), the plaintiff must allege that he or she has been deprived of a federal constitutional right and that such deprivation was committed by a person acting under color of state law. 5. Sentences. The meaning of a sentence is, as a matter of law, determined by the contents of the sentence itself. 6. Due Process. A plaintiff asserting the inadequacy of procedural due process must first establish that the government deprived him or her of interests which constitute “liberty” or “property” within the meaning of the Due Process Clause. 7. Due Process: Public Officers and Employees. The due process protec- tion in its substantive sense limits what the government may do in both its legislative and its executive capacities. But the criteria to identify - 905 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports SCHAEFFER v. FRAKES Cite as 306 Neb. 904 what is fatally arbitrary differ depending on whether it is legislation or a specific act of a government officer that is at issue. 8. ____: ____. The substantive component of the Due Process Clause is violated by executive action only when it can properly be characterized as arbitrary, or conscience shocking, in a constitutional sense. Appeal from the District Court for Lancaster County: Andrew R. Jacobsen, Judge. Affirmed. Gerald L. Soucie for appellant. Douglas J. Peterson, Attorney General, and James D. Smith for appellees. Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ. Papik, J. Bernard Schaeffer alleges in this action brought under 42 U.S.C. § 1983 (2012) that officials within the Nebraska Department of Correctional Services (DCS) violated his federal constitutional rights in the calculation of his parole eligibil- ity date. ...
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