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Nebraska Revised Statutes

Neb. Rev. Stat. § 83-1009 (2026)

✓ current as of July 2026
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83-1009.

Transferred to section 71-908.

Notes of Decisions
Cited in 35 cases, 1978–2009 · leading case: Verle O. v. Mental Health Bd., 691 N.W.2d 177 (Neb. Ct. App. 2005).
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Verle O. v. Mental Health Bd., 691 N.W.2d 177 (Neb. Ct. App. 2005). · cites it 10× “1083, § 28, amended the language of the former § 83-1009 to read, “Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents .”
Kochner v. Mental Health Bd., 662 N.W.2d 195 (Neb. 2003). · cites it 11× “The petition also claimed that “the immediate custody of [Kochner] is required to prevent the occurrence of the harm described by section [sic] § 83-1009.” The parties agree that the Douglas County Mental Health Board ordered Weilage to take Kochner into protective custody on…”
In Re Interest of Blythman, 302 N.W.2d 666 (Neb. 1981). · cites it 10× “The board concluded that there is clear and convincing proof that Blythman is a mentally ill dangerous person and that neither voluntary hospitalization nor other treatment less restrictive of the subject’s liberty than board-ordered treatment are available or would suffice to…”
Saville v. Burt Cnty. Mental Health Bd., 626 N.W.2d 644 (Neb. Ct. App. 2001). · cites it 4× “INTRODUCTION Wayne Saville appeals the order of the Burt County Mental Health Board (Board), as affirmed by the district court, finding Saville to be a mentally ill dangerous person, pursuant to Neb. Rev. Stat. § 83-1009 (Reissue 1999), and committing him to the Lincoln Regional…”
In Interest of Kinnebrew, 402 N.W.2d 264 (Neb. 1987). · cites it 13× “Appellant, Stanley Kinnebrew, was found by the Lancaster County Mental Health Board (hereafter board) to be a mentally ill and dangerous person, as defined by Neb. Rev. Stat. § 83-1009 (Cum. Supp. 1986).”
Kraemer v. Mental Health Bd., 261 N.W.2d 626 (Neb. 1978). · cites it 9× “It was determined by the board that he was a mentally ill dangerous person within the definition contained in section 83-1009 (1), R. R. S. 1943, and he was ordered committed under the provisions of section 83-1040 et seq.”
In Re Interest of McDonell, 427 N.W.2d 779 (Neb. 1988). · cites it 10× “The appellant contends that the mental health board and the district court erred when they found there was clear and convincing evidence that the appellant was mentally ill and dangerous as defined by Neb. Rev. Stat. § 83-1009 (1) (Reissue 1987).”
In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). · cites it 6× “Section 83-1009 of the Nebraska Mental Health Commitment Act defines “mentally ill dangerous person”: Mentally ill dangerous person shall mean any mentally ill person, alcoholic person, or drug abusing person who presents: (1) A substantial risk of serious harm to another person…”
In Re Interest of Tweedy, 488 N.W.2d 528 (Neb. 1992). · cites it 10× “ASSIGNMENTS OF ERROR Appellant, Tweedy, claims that the district court erred in finding (1) that by clear and convincing evidence he was mentally ill, and by further reliance upon the opinion of a clinical psychologist who failed to qualify her opinion to a reasonable degree of…”
In Re Interest of Verle O., 13 Neb. Ct. App. 256 (Neb. Ct. App. 2005). · cites it 10× “1083, § 28, amended the language of the former § 83-1009 to read, "Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents .”
Lux v. Mental Health Bd. of Polk Cty., 274 N.W.2d 141 (Neb. 1979). · cites it 6× “Lux, was a mentally ill dangerous person as defined by section 83-1009, R. R. S. 1943, and committing him to the Lincoln Regional Center for treatment under the provisions of sections 83-1037 and 83-1041, R.”
In Re Interest of SB, 639 N.W.2d 78 (Neb. 2002). · cites it 4× “Should the county attorney concur that the individual is a mentally ill dangerous person and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject’s liberty than a mental-health-board-ordered treatment disposition are available…”
Show all 35 citing cases →
— Neb. Rev. Stat. § 83-1009(1) — 9 cases
In Interest of Kinnebrew, 402 N.W.2d 264 (Neb. 1987). “Appellant, Stanley Kinnebrew, was found by the Lancaster County Mental Health Board (hereafter board) to be a mentally ill and dangerous person, as defined by Neb. Rev. Stat. § 83-1009 (Cum. Supp. 1986).”
Kochner v. Mental Health Bd., 662 N.W.2d 195 (Neb. 2003). “The petition also claimed that “the immediate custody of [Kochner] is required to prevent the occurrence of the harm described by section [sic] § 83-1009.” The parties agree that the Douglas County Mental Health Board ordered Weilage to take Kochner into protective custody on…”
In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). “Section 83-1009 of the Nebraska Mental Health Commitment Act defines “mentally ill dangerous person”: Mentally ill dangerous person shall mean any mentally ill person, alcoholic person, or drug abusing person who presents: (1) A substantial risk of serious harm to another person…”
Lux v. Mental Health Bd. of Polk Cty., 274 N.W.2d 141 (Neb. 1979). “Lux, was a mentally ill dangerous person as defined by section 83-1009, R. R. S. 1943, and committing him to the Lincoln Regional Center for treatment under the provisions of sections 83-1037 and 83-1041, R.”
Verle O. v. Mental Health Bd., 691 N.W.2d 177 (Neb. Ct. App. 2005). “1083, § 28, amended the language of the former § 83-1009 to read, “Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents .”
— Neb. Rev. Stat. § 83-1009(1987) — 1 case
People v. Stevens, 761 P.2d 768 (Colo. 1988).
— Neb. Rev. Stat. § 83-1009(2) — 2 cases
In Interest of Kinnebrew, 402 N.W.2d 264 (Neb. 1987). “Appellant, Stanley Kinnebrew, was found by the Lancaster County Mental Health Board (hereafter board) to be a mentally ill and dangerous person, as defined by Neb. Rev. Stat. § 83-1009 (Cum. Supp. 1986).”
In Interest of Rasmussen, 462 N.W.2d 621 (Neb. 1990).
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