OMAHA, Neb. (AP) _ The Nebraska Supreme Court has sent an order blocking a state prison policy that kept two inmates from marrying back to a lower court, citing a conflict in how the lawsuit was filed and then decided.
The ruling Friday came in the case of two inmates who had their request to marry denied because corrections officials have been unwilling to transport either of them to the other’s prison for a wedding ceremony, or allow them to marry via video.
The American Civil Liberties Union sued on their behalf, and last year, a Lancaster County District judge ruled the prison’s policy was “constitutionally flawed.”
But the state’s high court found the judge was wrong to grant injunctive relief based on prison employees’ official capacities, because the officials were sued as individuals.