U.S. District Court for the District of Nebraska

U.S. District Court for the District of Nebraska is a federal trial court with jurisdiction over the entire state of Nebraska. It is part of the Eighth Circuit and its main courthouses are located in Omaha and Lincoln. The court hears a wide range of cases arising under federal law, including those involving civil rights, intellectual property, and major federal crimes.

History

The court was established by an Act of Congress on March 25, 1867, following the Nebraska Territory's admission to the Union as the 37th state in 1867. Its first session was held in Omaha in May 1867, with Elmer S. Dundy appointed as its first district judge. The court played a significant role in adjudicating disputes during the state's early development, including land claims and conflicts arising from the expansion of the transcontinental railroad. Throughout its history, it has been the venue for numerous cases reflecting national legal trends, from Prohibition-era prosecutions to modern antitrust litigation.

Jurisdiction and organization

The court's jurisdiction encompasses all 93 counties of Nebraska. It has original jurisdiction over all cases involving federal questions, diversity of citizenship where the amount in controversy exceeds $75,000, and federal crimes such as those involving drug trafficking, bank robbery, and mail and wire fraud. The court operates with four active Article III judgeships and several magistrate judges who handle preliminary proceedings and certain trials with consent of the parties. The U.S. Attorney's Office prosecutes federal crimes on behalf of the United States Department of Justice.

Current judges

As of 2023, the court's active district judges include Chief Judge Robert F. Rossiter Jr., appointed by President Donald Trump in 2018, and Judges John M. Gerrard, Brian C. Buescher, and Laurie Smith Camp. Judge Gerrard was appointed by President Barack Obama, while Judges Buescher and Smith Camp were appointed by President Trump. The court also includes several senior judges, such as Richard G. Kopf and Joseph F. Bataillon, who continue to hear cases. Magistrate judges, including Susan M. Bazis and Michael D. Nelson, assist with a substantial portion of the court's caseload.

Former judges

Notable former judges of the court include Elmer S. Dundy, who presided over the landmark case Standing Bear v. Crook in 1879, which established that Native Americans are "persons" under federal law. Warren K. Urbom, appointed by President Richard Nixon, served from 1970 to 1990 and oversaw significant civil rights litigation. Other distinguished former jurists include William C. Hastings, who later served on the Sixth Circuit, and Lyle E. Strom, who was appointed by President Ronald Reagan and served as chief judge.

Courthouses

The court primarily operates from two locations. The Roman L. Hruska Federal Courthouse in Omaha is the main federal courthouse, named for former United States Senator Roman Hruska. The Robert V. Denney Federal Building and U.S. Courthouse in Lincoln serves as the other primary seat. Both facilities house courtrooms, judges' chambers, and the offices of the U.S. Marshals, the Probation Office, and the Clerk of Court. The court previously held sessions in other cities, including Grand Island.

Notable cases

The court has been the site of several historically significant trials. In *Standing Bear v. Crook* (1879), Judge Elmer S. Dundy ruled that a Ponca chief, Standing Bear, was entitled to habeas corpus rights, a foundational decision for Native American civil rights. The court also presided over the 1975 trial of Erwin Charles Simants, which raised pivotal issues regarding gag orders and the First Amendment, leading to the Supreme Court decision in *Nebraska Press Ass'n v. Stuart*. More recently, it handled litigation involving the Keystone XL pipeline, Native American sacred sites, and high-profile public corruption prosecutions of state officials.