Motions to Dismiss. A district court's
grant of a motion to dismiss is reviewed de novo.
Motions to Dismiss: Pleadings: Appeal and
Error. When reviewing an order dismissing a
complaint, the appellate court accepts as true all facts
which are well pled and the proper and reasonable inferences
of law and fact which may be drawn therefrom, but not the
Motions to Dismiss: Pleadings. To prevail
against a motion to dismiss for failure to state a claim, a
plaintiff must allege sufficient facts, accepted as true, to
state a claim to relief that is plausible on its face. In
cases in which a plaintiff does not or cannot allege specific
facts showing a necessary element, the factual allegations,
taken as true, are nonetheless plausible if they suggest the
existence of the element and raise a reasonable expectation
that discovery will reveal evidence of the element of the
Actions: Pleadings: Notice. Civil actions
are controlled by a liberal pleading regime; a party is only
required to set forth a short and plain statement of the
claim showing that the pleader is entitled to relief and is
not required to plead legal theories or cite appropriate
statutes so long as the pleading gives fair notice of the
Convictions: Sentences: Proof. Neb. Rev.
Stat. § 29-4603(3) (Reissue 2016) requires a claimant to
prove actual innocence, or that the claimant did not commit
the crime for which he or she was charged, in order to
recover under the Nebraska Claims for Wrongful Conviction and
from the District Court for Lancaster County: Robert R. Otte,
Judge. Reversed and remanded for further proceedings.
Neb.App. 826] Jeffry D. Patterson for appellant.
Douglas J. Peterson, Attorney General, and Ryan S. Post for
Pirtle, Bishop, and Arterburn, Judges.
Nadeem appeals from an order of the district court which
dismissed his complaint requesting compensation under the
Nebraska Claims for Wrongful Conviction and Imprisonment Act
(the Act). See Neb. Rev. Stat. §§ 29-4601 to
29-4608 (Reissue 2016). The issue raised in this case is
whether Nadeem's complaint contained sufficient
allegations to survive the State's motion to dismiss.
Because we find that Nadeem's complaint alleges
sufficient facts to state a claim for relief under the Act
that is plausible on its face, we conclude that the district
court erred when it dismissed the complaint.
2010, a jury found Nadeem guilty of attempted first degree
sexual assault, a Class III felony pursuant to Neb. Rev.
Stat. §§ 28-201 and 28-319 (Reissue 2008), and
attempted third degree sexual assault of a child, a Class I
misdemeanor pursuant to § 28-201 and Neb. Rev. Stat.
§ 28-320.01 (Reissue 2008). Subsequently, the district
court sentenced Nadeem to a total of 3 to 6 years'
imprisonment for his convictions.
convictions and sentences stem from his interactions with a
14-year-old girl who he approached at a public library when
he was 22 years old. The evidence adduced at Nadeem's
trial can be summarized as follows:
On August 6, 2009, H.K. was with a friend at a Lincoln public
library. H.K. was 14 years old at the time. While H.K. was
sitting at a table in a reading room of the [24 Neb.App. 827]
library using her laptop computer, she noticed Nadeem, whom
she did not know, standing within a couple feet of her
looking at a newspaper and glancing over at her. Shortly
thereafter, Nadeem began talking to H.K. and asked several
questions, including how old she was, to which she replied
15. Nadeem asked H.K. for her telephone number. When she said
it was her mother's number that she could not give him,
he asked if he could give her his number, and she testified
that she said, "I guess." Nadeem then left the
area, and shortly thereafter, he returned and gave H.K. a
piece of paper with a name, "John Nadeem, " and a
telephone number; asked her to call him; and told her he
hoped to hear from her and to have a nice day. When
H.K.'s mother later picked up H.K. and her friend from
the library, H.K. told her mother about ...