Ballard v. Nebraska Department of Corrections

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEVIN L. BALLARD,
Plaintiff,
vs.
NEBRASKA DEPARTMENT OF
CORRECTIONS, et. al;
Defendant.
8:25CV518
MEMORANDUM AND ORDER
Plaintiff Kevin Ballard is currently in custody at the Tecumseh State
Correctional Institution, a facility of the Nebraska State Correctional Services
(NSCS). Plaintiff believes his sentence and good time credits have been
miscalculated, and as a result, he lost credit for good time earned. Filing No.
1. His civil complaint asks this court to order “NDCS’s top officials bring to the
table all legal documentations to prove Plaintiff’s claims are not true,” and “all
decisions and documentation [it has] on the dates that [he] lost good time.”
Filing No. 1 at 7.
Plaintiff’s claim challenges the length of his remaining sentence and is
therefore barred under Heck v. Humphrey, 512 U.S. 477 (1994). Portley-El v.
Brill, 288 F.3d 1063, 1067 (8th Cir. 2002) (holding a claim for damages due to
discipline that included the loss of good time credits was Heck-barred).
Plaintiff’s claim for injunctive relief under § 1983 must therefore be dismissed.1
Accordingly,
1 Plaintiff’s claim in this lawsuit is also raised in his pending habeas case, Ballard v. Nebraska
Department of Corrections, 8:25-cv-00547-JMG-PRSE. The Court ordered a response in that action,
and on November 14, 2025, respondent moved for summary judgment and filed documentation of its
sentencing and good time calculations in support of that motion. Ballard, 8:25-cv-00547, Filing Nos.
15 & 16.
8:25-cv-00518-JMG-PRSE Doc # 12 Filed: 11/21/25 Page 1 of 2 - Page ID #
<pageID>

IT IS ORDERED:
1. This case is dismissed without prejudice.
2. A separate judgment will be entered.
Dated this 21st day of November, 2025.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
8:25-cv-00518-JMG-PRSE Doc # 12 Filed: 11/21/25 Page 2 of 2 - Page ID #
<pageID>