DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102441P.pdf 11/07/2011 Gerard Keating v. Nebraska Public Power District
U.S. Court of Appeals Case No: 10-2441
U.S. District Court for the District of Nebraska - North Platte
[PUBLISHED][Shepherd, Author, with Smith and Bright, Circuit Judges]
Civil case - Civil rights. For the court's earlier opinion in this action
alleging Nebraska officials violated the plaintiff farmers' rights by ordering
them to cease drawing water from the Niobrara Watershed without
providing a predeprivation hearing, see Keating v. Neb. Pub. Power Dist.,
562 F.3d 923 (8th Cir. 2009); because the issuance of closing notices does
not impact the property right bestowed by the permit to use the surface
water when there is insufficient capacity, the plaintiffs were not deprived
of that property right; district court was permitted to dismiss without
prejudice the pendent state law claim in light of its summary judgment on
plaintiffs' Section 1983 claim.