CIVIL RIGHTS — FIRST AMENDMENT
ProBLAC v. City of Omaha
CHARGES DISMISSED · CITY ORDINANCE AMENDED
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Omaha police arrested over 100 Black Lives Matter protesters by trapping them on a bridge over Interstate 480. As Legal Director at the ACLU, Adam filed a federal lawsuit that led to dismissal of all criminal charges, forced amendment of City Ordinances restricting free expression, and produced an agreement with the Omaha Police Department restricting the use of chemicals against non-violent protesters. Covered by NPR and national media.
CIVIL RIGHTS — EIGHTH AMENDMENT
State of Nebraska v. Mantich
RETROACTIVE RELIEF · 26 PEOPLE RESENTENCED
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Adam's client was sentenced to life without parole for his role as an accessory to a murder committed at age 16. Adam persuaded the Nebraska Supreme Court to apply the U.S. Supreme Court's decision in Miller v. Alabama retroactively to all Nebraska inmates serving mandatory life sentences for juvenile offenses. The ruling resulted in re-sentencing for 26 people. Several have been released from prison.
CIVIL RIGHTS — FOURTH AMENDMENT / FEDERAL APPEAL
U.S. v. Prokupek
CASE DISMISSED · EARLY RELEASE FROM FEDERAL PRISON
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After drugs were reportedly found during a traffic stop, Adam moved to suppress all evidence, arguing there was no valid basis for the stop and the drug-detection dog was unreliable. The U.S. Court of Appeals for the Eighth Circuit agreed — noting the officer's poor performance on cross-examination — and dismissed the case. Adam also convinced the appellate court to order his client's release from federal prison before its written ruling was issued, a feat rarely accomplished.
CRIMINAL DEFENSE
State v. Gaffney
100 YEARS OFFERED · 211 DAYS SERVED
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Adam's client was accused of child molestation by four of his eleven children. The prosecutor offered a plea of 100 years in prison. Using a nationally recognized expert, Adam proved the allegations arose after at least two children had undergone psychotherapy tantamount to hypnosis, rendering their testimony inadmissible. Instead of 100 years, Adam's client served 211 days.
CIVIL RIGHTS — SECOND AMENDMENT
Fentress v. Rozeboom
CASH SETTLEMENT · ORDINANCE REPEALED
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A town officer arrested Adam's client and seized his legally displayed firearms from a publicly accessible parking lot. Adam filed a federal civil rights lawsuit, negotiated a cash settlement, and the city later repealed the ordinance the officer had relied upon.
CIVIL RIGHTS — FOURTH AMENDMENT
Diaz v. Johnson
QUALIFIED IMMUNITY OVERCOME · SETTLEMENT APPROVED BY UNICAMERAL
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A Nebraska State Patrolman arrested an innocent, law-abiding citizen based on an arrest warrant issued from a misleading affidavit. After overcoming a qualified immunity defense, Adam negotiated a cash settlement large enough to require approval by the Nebraska Unicameral.
CRIMINAL DEFENSE — CHILD MOLESTATION / NOT GUILTY
State v. Perry
NOT GUILTY VERDICT · CUSTODY AWARDED
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Adam's client was falsely accused of child molestation with two alleged confessions. During cross-examination, the accuser suffered stress-induced seizures on the stand. The jury returned Not Guilty verdicts after less than one hour of deliberation. The client was later awarded custody of his children.
CRIMINAL APPEALS — MURDER
State v. Kula
CONVICTION REVERSED TWICE · NEBRASKA SUPREME COURT
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First Degree Murder case. The Nebraska Supreme Court reversed the conviction for the second time based on improper introduction of the defendant's statements to law enforcement — a result of Adam's persistence on appeal.
