143473P.pdf   05/11/2016  Robert Bennie, Jr.  v.  John Munn
   U.S. Court of Appeals Case No:  14-3473
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Riley, Author, with Beam and Kelly, Circuit Judges] 
   Civil case - Civil rights. The remedy plaintiff sought - a declaratory 
   judgment and injunction against future retaliation - is the kind of 
   prospective relief that can be sought in federal court from state 
   officials sued in their official capacities; state regulators' voluntary 
   cessation of improper inquiries did not moot the case as the department 
   still has regulatory authority over plaintiff, and its assurances that the 
   regulators now know better are not enough to make it absolutely clear that 
   the wrongful behavior could not reasonably be expected to recur; the 
   standard of review for the district court's decision on the question of 
   whether state regulators' actions against plaintiff would have chilled an 
   ordinary person's speech is clear error; the district court did not 
   clearly err in finding that the state regulators' actions against 
   plaintiff would not have quieted a person of ordinary firmness. Judge 
   Beam, concurring in part and dissenting in part.