In re Interest of Elainna R., 298 Neb. 436

Juvenile Elainna R. engaged in a physical fight with a student (A.L.) in a Lincoln Southeast High School hallway on Nov. 17, 2016; the altercation lasted ~2–3 minutes and progressed to the floor.
School campus supervisor and security officer Sief Mahagoub observed the incident, ordered the students to stop, physically intervened, and helped separate them; he described the fight as intense and disruptive.
The State filed a juvenile petition alleging Elainna knowingly or intentionally disturbed Mahagoub’s peace by engaging in fighting in violation of Lincoln Mun. Code § 9.20.050; Elainna denied the allegation.
At adjudication, the juvenile court found the State proved the allegation beyond a reasonable doubt; disposition was continued pending a predisposition report, and Elainna appealed.
On appeal the Nebraska Supreme Court reviewed de novo whether a school security officer can be a victim under the municipal ‘‘disturbing the peace’’ ordinance and whether the evidence supported adjudication under Neb. Rev. Stat. § 43-247(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a school security officer or campus supervisor can be the victim of disturbing the peace under Lincoln Mun. Code § 9.20.050	State: school security officers are protected persons under the ordinance	Elainna: school safety officers are like police officers and therefore have no expectation of peace such that ‘‘fighting words’’ or similar conduct cannot disturb their peace	Held: A school security officer or campus supervisor may be a victim of disturbing the peace
Whether Elainna’s conduct disturbed Mahagoub’s peace under § 43-247(1)	State: Elainna’s actual physical fighting, resisting commands, and causing a prolonged, difficult-to-stop altercation disturbed Mahagoub’s peace	Elainna: no evidence of ‘‘fighting words’’ directed at Mahagoub and thus insufficient to disturb his peace	Held: Even without fighting words, Elainna’s physical conduct (passing through Mahagoub’s arm, hitting, hair-pulling, bringing parties to the floor) reasonably disturbed his peace; evidence sufficient for adjudication

State v. Broadstone, 233 Neb. 595 (discussing disturbing the peace and fighting words directed at officers)
State v. Boss, 195 Neb. 467 (rejecting argument that police officers cannot be victims of fighting words)
State v. Groves, 219 Neb. 382 (affirming disorderly conduct conviction and rejecting reduced susceptibility argument for officers)
State v. Moore, 226 Neb. 347 (upholding disturbing-the-peace conviction under totality of conduct in officer’s presence)
State v. McNair, 178 Neb. 763 (definition of "disturb" applied to municipal disturbance ordinance)