Nebraska
Judge urges Norfolk-area NRD board to try resolving sanctions, lawsuit | Nebraska Examiner
LINCOLN — A legal fight over whether the Norfolk-area natural resources district went too far in punishing one of its board members for discussing a mistreatment complaint she had filed against a fellow board member reached a federal courtroom Friday.
But closing comments from U.S. District Judge John Gerrard overshadowed a two-hour hearing on whether the court should pause some censure-related sanctions against Lower Elkhorn Natural Resources District board member Melissa Temple.
Gerrard told a divided courtroom and gallery of lawyers, NRD board members, friends, relatives and enemies with ties to the board that the people he remembered from his time living in northeast Nebraska would have tried to work things out sooner.
“We used to be civil and communicate with each other,” Gerrard said of his time in Norfolk. “I can’t help but ask, is there any way you can resolve this? Is this really all worth it? That’s a question that will have to be answered by all of you.”
If the parties can’t agree, Gerrard announced that he would issue a ruling by year’s end on Temple’s motion seeking a preliminary injunction. He said he would rule on the constitutional issues. He gave Temple and the NRD until Dec. 20 to file legal briefs.
Free speech questions
Temple’s argument for a temporary injunction echoes much of her lawsuit against the NRD board. It argues the board’s sanctions against her limited her free speech rights and the rights and privileges enjoyed by any other elected NRD board member.
The board censured and sanctioned Temple in August, stripping away her seats on any NRD subcommittees for a year and prohibiting her over the same span from being reimbursed for any board-related travel expenses outside of the 15 counties the NRD serves.
They did so after rejecting Temple’s complaint in April alleging fellow board member Scott Clausen had spoken condescendingly to women testifying to the board, dismissed public health threats to women and children and disparaged Temple’s intellect.
Clausen soon filed a complaint of his own against Temple. He alleged that she broke the same policy on board behavior and civility that Temple accused him of breaking. It criticized her for confirming her complaint to the Norfolk Daily News.
Lawsuit argues ‘chilling effect’
Temple’s lawsuit argues that the board retaliated against her for filing the complaint and confirming its contents to the newspaper. It is the first filed by a new First Amendment Clinic at the University of Nebraska-Lincoln’s College of Law.
UNL Law’s Daniel Gutman argued Friday that the board’s actions had “a chilling effect” on her ability to speak and act freely as a board member and could have a similar effect on others. She also now limits travel to conferences and pays for herself.
Gutman and a second Temple lawyer, UNL’s Sydney Hayes, said Temple is being treated differently than any other board member. The NRD’s new general manager, Brian Bruckner, acknowledged Temple was the first member he knew of who was not reimbursed.
Under questioning, Bruckner corrected his sworn statement alleging Temple had been allowed to attend three subcommittee meetings since being censured and sanctioned. Temple said she had been allowed and able to attend one, on finance, as an observer, not a participant. Bruckner said he was wrong.
Temple testified that she attends conferences with other NRD board members in Lincoln to help learn about upcoming legislation before state lawmakers convene and help a statewide group of NRDs take positions on proposals. She said she joins tours of water basins to learn and prepare better for her job.
Her lawyers discussed the financial impact as well. They mentioned a recent NRD decision asking her to repay the district $564 for an out-of-district hotel stay that NRD staff had signed off on. She also was denied per diem payments, Gutman said.
Temple and others who signed sworn statements on her behalf explained that much of the board’s work gets done at the subcommittee level. Many proposals, including those recommending what the board should budget and spend, are shaped in the smaller groups, she said.
In one exchange that summed up his First Amendment case, Gutman asked Bruckner how Temple had violated the code of decorum.
His answer: “I believe it was her choice of words.”
A letter Temple received from the NRD board chairman notifying her of the proposed sanctions criticized her judgment for using the term “misogyny” in her complaint.
NRD says Temple is still full member
NRD lawyer Don Blankenau of Lincoln argued in court Friday and in legal filings that Temple could still participate in every vote by the full board and that limiting her reimbursement for out-of-district travel was not harming her constituents.
He said the NRD’s past practice of approving reimbursement for travel by all previous board members does not bind it to approving the funds for Temple while she is sanctioned.
He argued that the federal and state constitutions and court cases have given legislative bodies like the NRD board wide latitude to police their own members. He said that Temple was “expressly disciplined for violating the code of decorum.”
“The board acted within the scope of its authority,” Blankenau said. “And no set of facts can change that.”
Reimbursement fight
Blankenau and the NRD’s legal team argued Temple had not been limited in any way that infringed her rights or the rights of her voters to be served. They also downplayed the importance of attending conferences and meetings out of district.
At one point, Bruckner confirmed that seven of the board’s 15 members had not sought reimbursement in 2023 for any out-of-district travel. The NRD lawyer said Temple sought more reimbursements before being sanctioned than others.
He also said that even if, as Temple alleged, she had not been told of subcommittee meeting times, she could request any materials subcommittee members receive. Bruckner testified that he would provide any member materials from subcommittees.
Temple testified that the board often started its regular meetings right after subcommittee meetings, leaving little time to request or review materials before the group votes. That limitation, Gutman argued, limits her ability to serve.
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Nebraska
All-Out Blitz Week 13: Wisconsin Badgers vs. Nebraska Cornhuskers
All-Out Blitz Week 13: Wisconsin Badgers vs. Nebraska Cornhuskers
BadgerBlitz.com brings back its All-Out Blitz weekly series for the 2024 season, where you can find everything you need to know about Wisconsin’s upcoming opponent. We look at UW’s tenth opponent in the Nebraska Cornhuskers, who the Badgers will travel to play Saturday afternoon in Lincoln at 2:30 p.m. on BTN.
QUICK PROGRAM FACTS
Head Coach: Matt Rhule (57-55 career record, second season at Nebraska)
Nebraska All Time Record: 887-404-38 (.667)
2024 Record: 5-5 (2-5 Big Ten)
Rankings: N/A
Series vs. Wisconsin: 4-13
WHEN NEBRASKA HAS THE FOOTBALL
COMPARING THE PROJECTED STARTERS
Nebraska’s gradual decline over the course of this season is parallel with the decline of their offense.
Through the first five games, in which the team began 4-1, the offense averaged 405.4 yards per game. Over the last five, the 1-4 Cornhuskers are averaging just 294 yards per game.
This prompted the demoting of offensive coordinator Marcus Satterfield, and promotion of Dana Holgorsen, prior to last week’s loss to USC.
It was the hope that Holgorsen, a former disciple of Mike Leach, could reinvigorate freshman quarterback Dylan Raiola.
It’s hard to tell if the former No. 1 quarterback in the 2024 class is responsible for the offense’s drop-off, or merely a victim of it, but all we know is that his season has fallen off of a cliff.
Through the first five games, he threw for nine touchdowns and two interceptions while completing 70% of his passes. In the five games since, he’s down to two touchdowns and eight interceptions, completing just 60% of his passes.
Raiola hasn’t received much help from his receiving core. He never had a true No. 1 receiver, even when the offense looked good, and nobody is stepping up now. No Husker receiver has reached 100 yards in a game since the season opener against UTEP.
They added two starters via the transfer portal — Isaiah Neyor (Texas) and Jahmal Banks (Wake Forest) — but both have been solid at best.
Wisconsin’s pass defense, which has only improved as the season has gone on, should create problems for Raiola and co.
They held Oregon quarterback Dillon Gabriel without a touchdown for the first time all season in what felt like a triumphant defensive performance, despite the 16-13 loss.
Beyond the strong coverage of cornerbacks Ricardo Hallman and Nyzier Fourqurean, what was most impressive about Wisconsin’s defense was how their line was able to generate consistent pressure on Gabriel.
It’ll be key for the Badgers to shut down Nebraska’s passing attack, because their running game isn’t particularly dangerous.
They rotate between three backs on a regular basis, led by Dante Dowdell, who averages a team-high 12 carries per game. Sophomore Emmett Johnson received more carries than Dowdell in the most recent outing against USC and could be ascending up the depth chart. Regardless, no Nebraska back has been a consistent threat.
WHEN WISCONSIN HAS THE BALL
COMPARING THE PROJECTED STARTERS
This will be the first game Wisconsin plays since offensive coordinator Phil Longo was fired on Sunday.
Fickell wasn’t willing to name a replacement play caller, instead alluding to a “collaborative” operation.
However that turns out, it must lead to some sort of reinvigoration. Over Wisconsin’s three-game losing streak, the offense is averaging just 261.6 total yards per game.
The offensive incompetence was especially frustrating against Oregon, a game in which the defense had their best performance of the season.
The offense needs to go back to basics. All season, they’ve been at their best when the offensive line opens up running lanes and allows for a balanced game plan.
Running back Tawee Walker struggled mightily against Penn State and Iowa, rushing for just 111 yards over those two games, but rebounded with a 97-yard performance last week against Oregon.
The front line will have a tough matchup against Nebraska’s defensive line trio of Ty Robinson, Jamari Butler and Nash Hutmacher, who lead the 20th-ranked rushing defense in the nation.
The production of Wisconsin’s running game will be key, because they simply can’t rely on quarterback Braedyn Locke, who’s coming off of a 96-yard passing performance against Oregon. He’s thrown an interception in all seven of his starts this season, bringing his season touchdown-interception ratio to 9-9.
Locke will try to take advantage of a Nebraska secondary that suffered a crushing blow earlier this week, with the announcement that Tommi Hill would miss the rest of the season due to a foot injury.
The best starter besides Hill is Malcolm Herzog, the team leader in interception (four) who primarily plays in the slot. Although the biggest priority for Wisconsin will be safety Isaac Gifford, who leads the team in tackles with 59 and can manage to fly all over the field.
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Nebraska
HUSKER GAMEDAY: Nebraska, Wisconsin seek bowl eligibility in Big Ten clash
LINCOLN, Neb. (WOWT) – When Nebraska (5-5, 2-5) and Wisconsin (5-5, 3-4) face off in a Big Ten conference bout Saturday, it will be like looking in the mirror.
Yes, the similarities between these teams run far deeper than the color palette.
Both squads exceeded expectations early in the 2024 season, each stringing together solid wins and even earning conference championship contender status for a brief moment. But then both teams faltered… and faltered, and faltered again.
Alas, neither team has won a game in the last 30 days.
GAME INFO
- WHERE: Memorial Stadium, Lincoln, Neb.
- WHEN: 2:30 p.m., Saturday, Nov. 23
- WATCH: Big Ten Network
- LISTEN: Huskers Radio Network
- VEGAS ODDS: Wisconsin +1, O/U 41.5
And both head coaches — Nebraska’s Matt Rhule and Wisconsin’s Luke Fickell — are in their second year with their current employer, both of whom were brought in to turn their respective programs back toward the success of old. Both of whom seem to be slightly behind schedule on said objective, depending on who you ask.
Again, the similarities are striking, and that’s without even mentioning the fact that both teams sit at 5-5 and need one more win to achieve bowl eligibility. That’s where one of the few differences can be exposed, though. Wisconsin’s last bowl appearance came, well, last year. In fact, they’ve played in a bowl game every season since 2002.
For Nebraska, it’s been a long, arduous eight-year bowl drought, which could all come to an end inside Memorial Stadium on Saturday. But the Huskers haven’t won a game since it beat Rutgers 14-7 at home on Oct. 5. Four consecutive losses followed. Still, as Husker fans know so well, not all losses are the same.
Nebraska’s 56-7 blowout loss to Indiana left a gross taste in the mouths of Big Red Nation, but then, the Huskers lost three straight games by one score, including a near upset of No. 4 Ohio State. There are no moral victories, though, and fans have grown far too used to seeing one-score losses.
But despite all the ire and hand-wringing present around the Husker program over the past six weeks, they still have a chance to do something no Nebraska team has managed to do since 2016, and that’s make a bowl game.
To do so in front of their home crowd on senior day would be a cherry on top.
“I think the veteran guys, those senior guys are locked in,” Rhule said in his press conference Thursday. “There’s 30 seniors. There’s a lot of guys who’ve been here for five or six years, so this means a lot to them. The gravity of the situation is not lost on them and I know how much they’d like to win. I know how much they’d like to be the ones who broke through.”
This will be the second game in which Nebraska’s play-calling duties are in the hands of Dana Holgorsen, who Rhule hired last week to be the team’s new offensive coordinator, demoting Marcus Satterfield to tight ends coach.
Though, according to Rhule, it wasn’t necessarily the X’s and O’s that were the problem, and Holgorsen has echoed that.
“[Holgorsen] is putting a lot of pressure on the guys to make the plays,” Rhule said. “He’s been very direct with them. If they want to win, they’re going to have go make plays. They’re going to have to catch balls, break tackles, make long runs, make big blocks against an excellent defense, score touchdowns in the red zone. It’s not the plays that do it, it’s the players that do it. We want our players to believe that players win games.”
Wisconsin poses a unique challenge to Nebraska in that, again, they’re very much alike. The Badgers don’t really boast any major firepower on offense. Halfback Tawee Walker is their best playmaker, having found the end zone 10 times this year with an average of just under five yards per carry.
But this year’s Wisconsin squad hangs its hat on the defensive side of the ball — namely, the secondary. The Badgers rank in the top 10 nationally in both passing yards allowed and passing yards per game. Cornerback Ricardo Hallman is one of the top-rated NFL Draft prospects at his position.
Last week, the Badgers held Oregon quarterback and Heisman candidate to just 218 yards, no touchdowns and an interception.
“They’re an excellent defense,” said Rhule. “They’ve got guys who can cover. They’re going to play man [coverage]. They’ve got a great safety, linebackers who can run, excellent pass rush. They held Oregon to 16 points and they were really good in the red zone against Oregon, so it’s probably as good of a defense as we’ll see all year.”
Copyright 2024 WOWT. All rights reserved.
Nebraska
Tigers Top Flip Target Locks in Commitment with Nebraska
Eli Drinkwitz and the Missouri football staff have compiled the No. 20 ranked recruiting class in the nation up to this point, according to 247Sports’ composite rankings.
The Tigers hoped to add to that class with the addition of 4-Star safety Jeremiah Jones from Murray, Kentucky, but the talented defender had other ideas.
Despite taking a visit to Columbia last week and speaking highly of his time in Missouri, Jones locked in his commitment to Nebraska this week with a post on social media.
Jones is rated as the No. 4 player in the state of Kentucky and is the No. 35 safety in the nation, according to 247Sports. He committed to Nebraska in July of this year, joining the Cornhuskers’ 21st ranked recruiting class. As just a sophomore at Murray High School in Kentucky, Jones compiled an impressive 97 tackles and five interceptions.
Nebraska has struggled in recent weeks after a hot start that saw them jump out to a 5-1 record. The Cornhuskers now sit at 5-5 after dropping four straight games to conference opponents, but still have a chance at bowl eligibility with games remaining against Wisconsin and Iowa.
Head coach Matt Rhule put together a strong recruiting class in 2024, headlined by 5-Star quarterback Dylan Raiola, that finished in the top-20 in the nation. As it stands now, Nebraska looks to be in position once again to secure a top-20 class potentially.
Despite missing out on the flip, Drinkwitz and Missouri are also still in play for one of the nation’s top classes. The Tigers finished 20th in the country in 2024, and are still in position to do so again.
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