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Nadeem v. State

Court of Appeals of Nebraska

June 27, 2017

Mohammed Nadeem, appellant,
v.
State of Nebraska, appellee.

         1. Motions to Dismiss. A district court's grant of a motion to dismiss is reviewed de novo.

         2. 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 plaintiff's conclusion.

         3. 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 claim.

         4. 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 claims asserted.

         5. 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 Imprisonment Act.

         Appeal from the District Court for Lancaster County: Robert R. Otte, Judge. Reversed and remanded for further proceedings.

         [24 Neb.App. 826] Jeffry D. Patterson for appellant.

          Douglas J. Peterson, Attorney General, and Ryan S. Post for appellee.

          Pirtle, Bishop, and Arterburn, Judges.

          Arterburn, Judge.

         INTRODUCTION

         Mohammed 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.

         BACKGROUND

         In June 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.

         Nadeem's 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 ...

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