Nebraska runs one of the tightest informal grievance windows in the country. You have three calendar days from the date of the incident to file the Informal Grievance Resolution Form. Not three working days. Three calendar days -- counting Saturday, Sunday, and holidays. If something happens on a Friday evening, you have until Monday to file. If you wait until Tuesday, the informal grievance is late.
That three-day window shapes everything about how you need to approach Nebraska's process. You cannot sit on a complaint and decide later whether it is worth pursuing. By the time you have decided, the informal window is gone.
Nebraska's grievance procedure is codified in Nebraska Administrative Code Title 68, Chapter 2 (Grievance Procedures), current through September 17, 2024. It establishes a three-step structure: Informal Grievance, Step-One Grievance to the Warden, and Step-Two Grievance to the Director. The Director's decision is final.
Why the Process Matters: The PLRA
The Prison Litigation Reform Act of 1995, 42 U.S.C. section 1997e(a), requires you to exhaust all available administrative remedies before a federal court will hear a lawsuit about prison conditions. In Nebraska, a grievance is not a formal grievance until you submit a Step-One Grievance Form to the Warden or designee. Stopping at the informal grievance does not exhaust your remedies. You must complete all three steps -- through the Director's final decision -- to satisfy the exhaustion requirement.
The Supreme Court in Woodford v. Ngo (2006) held that proper exhaustion requires following all procedural rules. Missing the three-day informal window, failing to attach required forms at each step, or missing the Step-Two filing deadline all create exhaustion problems that a federal court cannot overlook.
What You Can and Cannot Grieve
Any topic may be the subject of a grievance, including a request for an accommodation under the Americans with Disabilities Act (ADA). Three categories are excluded:
Matters over which NDCS has no control: issues outside the department's authority.
Classification actions: housing unit assignments, custody level decisions, and similar administrative classification determinations have separate administrative review processes.
Inmate disciplinary actions: conduct violations and the disciplinary process have a separate appeal procedure.
Everything else is grievable. Medical care, property, mail, food service, program access, staff conduct, conditions of confinement -- all of these go through Title 68, Chapter 2.
Grievance Principles That Apply at Every Level
Several rules apply throughout the process, at every step:
No one may alter, interfere with, or delay the transmittal of an inmate grievance. (Section 003.04)
No inmate who uses the grievance procedure shall be subject to any type of disciplinary sanction or other adverse action for filing grievances, unless a determination has been made that the inmate is abusing the grievance process. (Section 003.05)
Language used in grievances is subject to the Inmate Code of Offenses and Inmate Disciplinary Procedures. (Section 003.06)
Each grievance will be reviewed and, if necessary, investigated. The inmate shall receive a prompt written response. Circumstances such as illness, injury, or unavailability of a witness may lengthen the response time. (Section 003.07)
Inmate grievances shall be confidential. Consistent with ensuring confidentiality, staff participating in the disposition of a grievance shall have access to records needed to respond to the grievance. (Section 003.08)
An inmate may not address a grievance to a particular staff member. (Section 003.09)
Step 1: Informal Grievance
Filing deadline: Within **3 calendar days** of the date of the incident.
Calendar days means all days -- weekdays, weekends, and holidays all count. There is no exception listed in the regulation for weekends or holidays. If the incident occurs on a Friday, the 3-calendar-day window closes on Monday. If it occurs on Saturday, the window closes on Tuesday.
Form: Obtain an Informal Grievance Resolution Form from unit staff.
How to file: Submit the completed Informal Grievance Resolution Form to designated unit staff.
After filing: Unit staff will log and receipt the form. The receipt, containing the grievance log number, will be forwarded to you.
Staff response deadline: Unit staff shall prepare a written response within **10 working days** of the date the informal grievance was logged and receipted.
If satisfied with the response: the process ends here.
If not satisfied: proceed to Step One. You must attach the Informal Grievance Resolution Form and the response to your Step-One form.
Step 2: Step-One Grievance (Formal Grievance to the Warden)
When the Step-One Grievance Form begins: A grievance is not a formal grievance until the inmate submits a Step-One Grievance Form to the Warden or designee of the facility to which the inmate is assigned. The informal process is required first, but it is not yet the formal grievance.
Filing deadline: Within **15 calendar days** of the date you receive the informal grievance response. If no informal response was received, within **20 calendar days** of the incident giving rise to the grievance.
Form: Obtain a Step-One Grievance Form from your case manager or designee.
One issue per grievance: The Step-One Grievance Form may address only one issue. If you include more than one issue, the form will be returned to you.
What to attach: The Informal Grievance Resolution Form and the response (if received) must be attached to the Step-One Grievance Form.
How to submit: Complete the inmate portion of the Step-One Grievance Form and submit it to the Warden or designee.
After filing: The Warden's designee will log and receipt the form and send the receipt to you containing the grievance log number. The designee will review and, if necessary, investigate the grievance. The results of the investigation will be communicated to the Warden and include a proposed response. The Warden or designee will send a written response to you within **10 working days** of the receipt date. The response will include a brief statement of the reason or reasons for the decision.
If satisfied: the process ends here.
If not satisfied: proceed to Step Two within the filing deadline.
Step 3: Step-Two Grievance (Appeal to the Director -- Final)
Filing deadline: Within **10 calendar days** after receipt of the Warden's response to the Step-One Grievance.
This is the most compressed filing window in Nebraska's process. You receive the Warden's response and you have 10 calendar days -- not working days, calendar days -- to get the Step-Two form to the Director by interoffice mail.
Form: Obtain a Step-Two Grievance Form from your case manager or designee.
How to submit: Submit the Step-Two Grievance Form to the Director by interoffice mail. If the grievance is in an envelope, it shall be clearly marked to indicate that it contains a Step-Two Grievance Form. The Step-Two Grievance Form may be mailed as privileged mail under NDCS rules governing privileged mail.
What to attach: The Informal Grievance Resolution Form and the Step-One Grievance Form and responses must all be attached to the Step-Two Grievance Form.
After filing: The Director's designee will log and receipt the Step-Two form. The receipt may be delivered to you by interoffice mail.
Director's response deadline: The Director or designee shall respond within **20 working days** of the receipt date. The Director or designee may rely upon the information compiled by the Warden's investigation or conduct an additional investigation. The Director may modify, affirm, or reverse the response of the Warden.
The decision of the Director or designee is **final**. This decision exhausts all available administrative remedies under Nebraska's grievance program.
Deadlines at a Glance
Step 1 -- Informal Grievance:
File within 3 calendar days of incident
Staff response within 10 working days of logging/receipting
Step 2 -- Step-One Grievance (Warden):
File within 15 calendar days of receiving informal response
Or within 20 calendar days of incident if no informal response received
One issue per form; attach informal grievance and response
Warden responds within 10 working days of receipt
Step 3 -- Step-Two Grievance (Director, FINAL):
File within 10 calendar days of receiving Warden's response
Submit to Director by interoffice mail; mark envelope clearly
Attach all prior forms and responses
Director responds within 20 working days of receipt
Director's decision is final
Grievances of a Sensitive Nature
If you believe that a grievance is of a sensitive nature, you may file it directly with the Director or designee, bypassing the regular procedure entirely.
How to file: The sensitive grievance may be mailed as privileged mail or sent by interoffice mail to the Director or designee. Use a Step-One or Step-Two Grievance Form and mark "Sensitive Nature" at the top of the form.
What to include: You must clearly explain the nature of the grievance and the reasons for not following the regular grievance procedure.
Director's review: If the Director or designee determines that the grievance is not of a sensitive nature, it will be returned to you with direction to use the regular grievance process. If the Director or designee determines that the grievance is of a sensitive nature, the Director will conduct any necessary investigation and respond within **20 working days**.
Emergency Grievances
Emergency Grievances are matters that must be resolved quickly because if the standard grievance time limits were used you would be subjected to substantial risk of personal injury or other serious or irreparable harm.
Form: File on the Informal Grievance Resolution Form.
How to file: File with unit staff. Outside of regular business hours, file with Shift Supervisory staff.
Who responds: Unit staff or Shift Supervisory staff shall respond to Emergency Grievances. No specific response deadline is stated in the regulation for emergency grievances at the unit level; the emergency designation signals the need for immediate attention outside the standard 10-working-day window.
If you are facing an immediate threat of physical harm and staff are not responding, seek assistance from any available staff member.
What to Put in Your Grievance
At the informal stage: describe what happened, the date and time, the names of staff involved, what you want done. Be specific. Keep the description to one incident or one closely related set of facts.
At the Step-One stage: state clearly why you are not satisfied with the informal response. One issue per form. Attach everything from the informal stage. State what you are asking the Warden to do.
At the Step-Two stage: state clearly why you are not satisfied with the Warden's response. Attach all prior forms and all responses. Do not introduce new issues; the Director reviews the record as it was developed at the lower levels.
Keep copies of every form and every response at every stage. You will need the full record to file Step Two, and you may need it if you pursue litigation.
Families: The grievance process is for inmates in NDCS custody. Family members cannot file on your behalf. After the Director's final decision, your family may contact Disability Rights Nebraska or Legal Aid of Nebraska for information about next steps.
Abuse of the Grievance Process
If you file frivolous, nuisance, or duplicative grievances at any level, a designee of the Warden will conduct a classification hearing to determine whether you are abusing the grievance process. If abuse is found, a reasonable limitation may be placed on the number of grievances you are allowed to file for a specified period of time.
Note: this abuse determination is made at a classification hearing -- not a purely administrative decision. The classification process provides a structured forum for the determination.
Reprisal protection: No inmate who uses the grievance procedure shall be subject to any type of disciplinary sanction or other adverse action for filing grievances unless a determination has been made that the inmate is abusing the grievance process. If abuse has not been found, any disciplinary action taken in response to a grievance filing is itself a legitimate grievance.
ADA Accommodation Requests
Any topic is grievable under Nebraska's procedure, including a request for an accommodation under the Americans with Disabilities Act. If you have a disability and are not receiving required accommodations, file the Informal Grievance Resolution Form describing what accommodation you need and why it is required. Proceed through the three steps as described above. The exhaustion requirement applies to ADA-related grievances the same as to all others.
Federal Prisons in Nebraska
Nebraska has no active Bureau of Prisons federal prison facility. Nebraska federal inmates are designated to facilities in other states. If you are in a BOP facility, the NDCS process described in this article does not apply to you. Federal inmates use the BOP Administrative Remedy Program, which runs from BP-8 through BP-11 under 28 CFR Part 542. See the InmateAid federal grievance article for the complete BOP process.
After Exhaustion: Where to Go Next
Once the Director issues a final decision (or the 20-working-day response deadline passes without a response), your administrative remedies are exhausted and you may proceed to federal court for conditions of confinement claims under 42 U.S.C. section 1983 or Bivens.
Disability Rights Nebraska: disabilityrightsnebraska.org. Nebraska's designated Protection and Advocacy system for people with disabilities. Provides legal representation, information and referral, and advocacy for people with disabilities in correctional settings. Has federal authority to access correctional facilities and investigate concerns.
Legal Aid of Nebraska: legalaidofnebraska.org; (877) 250-2016 (English); (877) 669-8898 (Spanish). Free legal services for qualifying individuals. Available to incarcerated people in Nebraska for civil legal matters.
ACLU of Nebraska: aclu-ne.org. Works on civil rights and prisoners' rights in Nebraska.
County Jails in Nebraska
Nebraska county jails are operated by county sheriffs and are separate from NDCS. Title 68, Chapter 2 applies to institutions operated by the Nebraska Department of Correctional Services. County jails maintain their own grievance processes, which vary by county. The PLRA requires you to exhaust whatever process exists at your county jail before filing in federal court.
Special Circumstances
No informal response received: If no response to the informal grievance is received, you may still file the Step-One Grievance. The deadline in that case is 20 calendar days from the incident -- not 15 calendar days from receiving the informal response. Attach the Informal Grievance Resolution Form even if you received no written response.
Transferred inmates: If you are transferred mid-grievance, confirm with staff at the receiving facility how your pending grievance will be tracked. The grievance log number assigned at the informal stage should follow the complaint through the system.
Confidentiality: Inmate grievances are confidential. They are not shared more broadly than necessary for investigation and response. The grievance file is not your general inmate file.
Addressing grievances: You may not address a grievance to a particular staff member. Direct the form to the appropriate position (unit staff for the informal, Warden for Step One, Director for Step Two), not to an individual by name.
Frequently asked questions
Why does Nebraska give only 3 calendar days for the informal grievance?
Title 68, Chapter 2, Section 005.03 sets the informal filing deadline at 3 calendar days from the date of the incident. This is one of the shortest informal filing windows in the series and it applies to all days including weekends and holidays. The regulation does not provide an extension for weekends or holidays. If you have any complaint you think might matter, file the informal grievance immediately. You can always decide not to pursue Step One, but you cannot file a late informal grievance.
What is the difference between a calendar day and a working day?
Calendar days include every day: Mondays through Sundays, holidays, and weekends. Working days are only Monday through Friday, excluding holidays. Nebraska uses calendar days for the informal filing window (3 days from incident) and the Step-Two filing window (10 days from receiving the Warden's response). Nebraska uses working days for staff response deadlines (10 working days for the informal response, 10 working days for the Warden's Step-One response, and 20 working days for the Director's Step-Two response). The distinction matters most at Step Two: you have 10 calendar days to file but the Director has 20 working days to respond.
What happens if I only file the informal grievance but not the Step-One?
Your administrative remedies are not exhausted. Under 68-2-002.01, a grievance is not a formal grievance until you submit a Step-One Grievance Form to the Warden or designee. Stopping at the informal grievance means you have not entered the formal process. A federal court will dismiss your lawsuit for failure to exhaust under the PLRA, and Woodford v. Ngo (2006) makes clear that partial exhaustion does not satisfy the requirement.
Can I skip the informal grievance and go straight to Step One?
No. The informal grievance is the required first step. Section 003.02 requires you to submit an Informal Grievance Resolution Form to designated unit staff before proceeding. Step One requires you to attach the Informal Grievance Resolution Form and any response to the Step-One form. If you skip the informal, your Step-One will be incomplete and may be returned.
What does "sensitive nature" mean and when should I use it?
If you believe the regular grievance process poses a risk to your safety or would compromise the investigation -- for example, a complaint involving staff misconduct at your facility that you do not want handled locally -- you may file directly with the Director as a sensitive grievance. Mark "Sensitive Nature" at the top of the form and explain in the grievance why you did not follow the regular procedure. If the Director agrees it is sensitive, the Director investigates. If not, the Director returns it to you and tells you to use the regular process. --- INTERNAL LINKS TO PLACE: 1. Nebraska inmate search (InmateAid Nebraska page) 2. Family rights and advocacy in Nebraska (FRA series Nebraska article) 3. How the Nebraska prison disciplinary process works (if spoke exists) 4. How Prison Works hub 5. Staying Connected hub --- SPEC NOTE / SOURCING (strip before publish): - Voice: formerly incarcerated narrator written TO the incarcerated person; family guidance woven in. No em dashes. No smart quotes. No double hyphens. Plain text. - Meta title char count: 53 (under 60). Meta description char count: 158 (in 150-160 range). All 5 FAQ headings under 60 chars, verified. - Defining hooks for Nebraska: (1) 3-CALENDAR-DAY INFORMAL WINDOW -- tightest in series; all days including weekends/holidays; no exception stated for weekends/holidays; (2) MIXED CALENDAR/WORKING DAYS: calendar days for inmate filing windows (informal = 3 CD, Step-One = 15 CD from informal response or 20 CD from incident, Step-Two = 10 CD from Warden response); working days for staff response deadlines (informal = 10 WD, Step-One Warden = 10 WD, Step-Two Director = 20 WD); (3) NOT A FORMAL GRIEVANCE until Step-One form submitted to Warden (002.01) -- specific definitional rule that partial exhaustion does not satisfy PLRA; (4) SENSITIVE NATURE OPTION: bypass regular procedure entirely, file directly with Director on Step-One or Step-Two form marked "Sensitive Nature"; Director has 20 WD to respond; if not sensitive = returned with direction to use regular process; (5) EMERGENCY GRIEVANCES: filed on Informal Grievance Resolution Forms; filed with unit staff or Shift Supervisory staff outside business hours; no specific deadline stated in regulation -- signals immediate need; (6) ADA ACCOMMODATION REQUESTS expressly grievable (002.02); (7) CANNOT ADDRESS GRIEVANCE TO PARTICULAR STAFF MEMBER (003.09); (8) ABUSE DETERMINATION: classification hearing -- not purely administrative; (9) REPRISAL PROTECTION: no adverse action unless abuse has been found (003.05); (10) CONFIDENTIALITY: grievances confidential; staff participating in disposition have access to needed records (003.08); (11) ONE ISSUE PER FORMAL GRIEVANCE -- returned if multiple issues (006.03); (12) STEP-TWO TO DIRECTOR BY INTEROFFICE MAIL: envelope must be clearly marked; may be mailed as privileged mail; all prior forms and responses must be attached; (13) DIRECTOR MAY MODIFY, AFFIRM, OR REVERSE WARDEN'S RESPONSE (007.05); (14) NO BOP IN NEBRASKA -- confirmed from BOP locations list; Nebraska federal inmates housed elsewhere; (15) VOLATILE FLAG CARRIES OVER: Nebraska was flagged VOLATILE/RECHECK in the Books and Magazines series due to HRDC/ACLU litigation regarding publication access. That flag does NOT apply to the grievance procedure. Title 68 Chapter 2 is a separate administrative code provision unaffected by that litigation. - SOURCES: Nebraska Administrative Code Title 68, Chapter 2 (Grievance Procedures) current through September 17, 2024; confirmed via Justia regulations and Michigan Law Policy Clearinghouse (Title 68 Ch. 1 and Ch. 2 full text confirmed): 001 Applicability (applies to all institutions operated by NDCS); 002 Department Policy (NDCS provides procedure for administrative settlement of legitimate grievance; 002.01 not a formal grievance until Step-One form submitted to Warden; 002.02 any topic including ADA accommodation requests grievable, except matters over which NDCS has no control, classification actions, inmate disciplinary actions); 003 Grievance Principles (003.01 any inmate in NDCS custody may file; 003.02 submit Informal Grievance Resolution Form to designated unit staff; 003.03 if dissatisfied with informal response, may file Step-One with Warden, must use Step-One form, must attach informal grievance with response; 003.04 no one shall alter, interfere with, or delay transmittal; 003.05 no disciplinary sanction or adverse action for filing unless abuse determination; 003.06 language subject to Inmate Code of Offenses; 003.07 each grievance reviewed and investigated; prompt written response; circumstances may lengthen; 003.08 confidential; staff participating have access to needed records; 003.09 may not address to particular staff member); 004 Grievance of a Sensitive Nature (file directly with Director; use Step-One or Step-Two form; mark "Sensitive Nature"; explain why not following regular procedure; if Director determines not sensitive = returned with direction to use regular process; if sensitive = Director investigates; 20 working days to respond); 005 Informal Grievance Procedures (005.01 unit staff log and receipt; receipt with grievance log number forwarded to inmate; unit staff review and investigate; 005.02 form obtained from unit staff; 005.03 must be filed within 3 calendar days of date of incident; 005.04 unit staff shall prepare written response within 10 working days of date logged and receipted); 006 Step-One Grievance Procedures (006.01 form obtained from case manager or designee; 006.02 file within 15 calendar days of date inmate receives informal response, or if no response received within 20 calendar days of incident; 006.03 one issue per formal grievance or returned; 006.04 Informal Grievance Resolution Form and response if received must be attached; 006.05 formal grievance process begins when inmate completes inmate portion and submits to Warden or designee; 006.06 Warden's designee logs and receipts; receipt contains grievance log number; sent to inmate; 006.07 Warden's designee reviews and investigates; results communicated to Warden with proposed response; Warden or designee responds within 10 working days of receipt date; response includes brief statement of reasons); 007 Step-Two Grievance Procedures (007.01 if wants to appeal, obtain Step-Two form from case manager or designee; 007.02 submit to Director by interoffice mail within 10 calendar days after receipt of Warden's response; if in envelope must be clearly marked; may be mailed as privileged mail per NDCS rules; 007.03 Informal Grievance Resolution Form and Step-One form and responses must be attached; 007.04 Director's designee logs and receipts; receipt may be delivered by interoffice mail; 007.05 Director or designee responds within 20 working days of receipt; may rely on Warden's investigation or conduct additional; Director may modify, affirm, or reverse; 007.06 Director's decision is final); 008 Limitations on Grievances [text not confirmed in research; VERIFY FLAG: see below]; 009 Emergency Grievances (matters requiring quick resolution because standard time limits would subject inmate to substantial risk of personal injury or other serious or irreparable harm; 009.01 filed on Informal Grievance Resolution Forms; 009.02 filed with unit staff; 009.03 unit staff or Shift Supervisory staff outside regular business hours shall respond; no specific response deadline stated in regulation); 010 Abuse of Grievance Process (if files frivolous, nuisance, or duplicative grievances at any level; designee of Warden conducts classification hearing to determine abuse; if abuse found, reasonable limitation placed on number of grievances for specified period); 011 Other Remedies [text not confirmed; VERIFY FLAG]; disabilityrightsnebraska.org (Nebraska P&A; protection and advocacy; legal representation and advocacy; federal authority; confirmed current June 2025); legalaidofnebraska.org (877) 250-2016 English (877) 669-8898 Spanish; aclu-ne.org (ACLU of Nebraska); BOP locations list (confirmed no Nebraska BOP facility); Woodford v. Ngo 548 U.S. 81 (2006). - VERIFY FLAGS for Poorwa: (1) PRIORITY: Confirm Title 68 Chapter 2 most current version from Nebraska Secretary of State site (sos.nebraska.gov) or NDCS policies page (corrections.nebraska.gov). Justia shows "current through September 17, 2024" -- verify no subsequent amendment. (2) Confirm 3-calendar-day informal filing deadline is still operative (68-2-005.03). (3) Confirm all step deadlines: informal response 10 WD from logging/receipting (005.04); Step-One filing 15 CD from informal response / 20 CD from incident if no response (006.02); Step-One Warden response 10 WD from receipt (006.07); Step-Two filing 10 CD from Warden response (007.02); Director response 20 WD from receipt (007.05). (4) Confirm 68-2-008 Limitations on Grievances -- text not obtained in research; fetch from Justia or official source to confirm any additional limitations not captured above. (5) Confirm 68-2-011 Other Remedies -- text not obtained; fetch to confirm no additional procedures. (6) Confirm no BOP facility in Nebraska -- confirmed. (7) Confirm Disability Rights Nebraska contact: disabilityrightsnebraska.org; confirm current phone number (not obtained in research; website confirmed active but phone not confirmed in search results -- check contact page). (8) Confirm Legal Aid of Nebraska: legalaidofnebraska.org; (877) 250-2016 -- confirmed from neb.uscourts.gov. (9) Confirm ACLU of Nebraska: aclu-ne.org. (10) VOLATILE FLAG from Books/Magazines series: Nebraska flagged for HRDC/ACLU litigation regarding publication access. This flag applies to that series only and does NOT affect the grievance procedure analysis. No recheck needed for grievance content.
Discovery Offer - Silos 1-2
Search arrest records and find out where they are
If you're trying to locate someone who was arrested or find out where they are being held, TruthFinder searches arrest records, court records, and custody status across all 50 states.