073056P.pdf   04/13/2009  Gerard Keating  v.  Nebraska Public Power District
   U.S. Court of Appeals Case No:  07-3056
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Riley and Gruender, Circuit Judges]
   Civil case - civil rights. In action by farmers and ranchers alleging
   defendants violated their civil rights by ordering them to cease drawing
   water from the Niobrara Watershed without prior notice or a hearing, the
   district court erred in dismissing the action on the ground the action was
   moot as the claims were reviewable under the capable-of-repetition-yet-
   evading-review exception to the mootness bar; plaintiffs' failure to
   exhaust postdeprivation remedies did not affect their entitlement to
   predeprivation process, and the district court erred in finding the failure
   to exhaust was a ground for dismissal; on remand, the district court
   should determine whether a deprivation of a property right has occurred,
   and if so, whether that right is subject to an exception to the general rule
   that a predeprivation process is required; if a predeprivation process is
   required, the court should consider whether defendant's declaratory order
   procedures are constitutionally adequate.