Common Cause Nebraska has partnered with Media of Nebraska in filing an amicus brief in response to an appeal at the Eight Circuit U.S. Court of Appeals regarding an attempt to shield government records from third party subpoenas.

The case, Mick v. Gibbons, involves suing Nebraska State Patrol officers in their individual capacity. During the case, the State of Nebraska claimed 11th Amendment sovereign immunity to a notice to depose the officers involved. When the initial trial judge ruled against the state, it appealed the decision to the Eighth Circuit.

If allowed to claim sovereign immunity, nearly all Nebraska state records and employees would be shielded from discovery in lawsuits, casting an enormous cloud over government records and actions.  

“If the State of Nebraska succeeds, the people will effectively be shut out from holding the government accountable through its records and its actions, and lawsuits against the state will be unlikely to ever succeed. The people want transparency and open government, which is why we are filing an amicus brief arguing against the State of Nebraska’s extreme attempt to cover up their actions and interviews with their employees,” said Gavin Geis, Executive Director of Common Cause Nebraska.