Case: Scott v. Jeffreys
4:26-cv-03124 | U.S. District Court for the District of Nebraska
Filed Date: April 13, 2026
Closed Date: July 29, 2026
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Case Summary
On April 13, 2026, two Native American men incarcerated at Nebraska State Penitentiary (NSP)—one an enrolled member of the Rosebud Sioux Tribe, and one of Cherokee and Tarascan descent filed suit in U.S. District Court for the District of Nebraska. Plaintiffs sued Rob Jeffreys, Director of the Nebraska Department of Correctional Services (NDCS), Warden Barbara Lewien, Associate Warden Jason Hurt, and Religious Coordinator Tim Kramer, all in their official capacities. According to the complaint, NSP designated a specific outdoor area called the Native American Religious-Use Land (NARUL) as the only space within the facility where traditional Indigenous religious practices—including sweat lodge ceremonies, smudging with sage, cedar, and sweetgrass, and smoking red willow bark through a ceremonial pipe—were permitted, and plaintiffs were provided one pass per week to access it. Plaintiffs alleged that on February 22, 2026, they did not receive their scheduled passes to the NARUL, and upon inquiry, Defendant Kramer informed plaintiff Scott that contraband had been discovered in a box used to store Native American religious materials. As a result, all approximately sixty members of the Native American Faith Group (NAFG) were suspended from accessing the NARUL. On February 26, 2026, Defendant Kramer sent a letter to all NAFG members announcing a 60-day suspension of access to the NARUL—effective February 26 through April 27, 2026—citing "repeated safety and security violations," without identifying either plaintiff as suspected of involvement in any violation. Plaintiffs further alleged that the storage box where the contraband was found was unsecured and accessible to members of other faith groups, including Wiccans, Asatru, and Satanists, as well as inmates from a connected minimum-security housing unit—yet only NAFG members were suspended, while these other groups continued to enjoy uninterrupted access to the shared outdoor space. The alternative space offered to plaintiffs, the Religious Center, did not permit sweat ceremonies, smudging, or smoking red willow bark, while Christian inmates were permitted to burn incense in that same space. Plaintiffs alleged they pursued the administrative grievance process without obtaining relief, and that an emergency grievance filed by plaintiff Scott was rejected by NDCS as not constituting an emergency. The complaint asserted four causes of action: violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA); violation of Nebraska's First Freedom Act; violation of the Free Exercise Clause of the First Amendment brought pursuant to 42 U.S.C. § 1983; and violation of the Equal Protection Clause of the Fourteenth Amendment, also brought pursuant to § 1983. Plaintiffs sought a temporary restraining order, preliminary and permanent injunctions prohibiting defendants from restricting their religious exercise, a declaratory judgment that defendants violated each of the foregoing laws, attorneys' fees and costs, and any other relief the Court deemed just and proper.
This case is ongoing.
Summary Authors
Quin Zapoli (10/23/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73183498/parties/scott-v-jeffreys/
Rossiter, Robert F. (Nebraska)
Friedman, Grant L. (Nebraska)
Houlden, Jennifer M. (Nebraska)
Matt, Carter T. (Nebraska)
Dethlefsen, Joshua E. (Nebraska)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73183498/scott-v-jeffreys/
Last updated Oct. 23, 2026, 5:38 p.m.
Docket for: Scott v. Jeffreys
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: April 13, 2026
Closing Date: July 29, 2026
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two Native American inmates
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Nebraska Department of Correctional Services
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Constitutional Clause(s):
Other Dockets:
District of Nebraska 4:26-cv-03124
Available Documents:
Outcome
Prevailing Party: Unknown
Relief Sought:
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Discrimination Basis:
Affected Race(s):
American Indian/Alaskan Native
Affected Religion(s):
Case Summary of Scott v. Jeffreys, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48185/ (last updated 10/23/2026).