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

Juvenile Elainna R. was charged under Lincoln Mun. Code § 9.20.050 and Neb. Rev. Stat. § 43-247(1) for "disturbing the peace" by engaging in a fight at Lincoln Southeast High School on November 17, 2016.
School campus supervisor and security officer Sief Mahagoub observed Elainna run at another student (A.L.), strike A.L.’s head, grab her hair, and resist commands to stop; the scuffle escalated and all three fell to the floor. The incident lasted about 2–3 minutes.
Mahagoub, trained as a military police officer and school security officer, testified he attempted to stop the fight, that Elainna was the aggressor, and that the fight disrupted the school day and his efforts to maintain safety.
The juvenile court found the State proved beyond a reasonable doubt that Elainna knowingly or intentionally disturbed Mahagoub’s peace by fighting; disposition was continued pending a predisposition report.
Elainna appealed, arguing (1) a school security officer/campus supervisor cannot be a victim for purposes of the disturbing-the-peace ordinance (analogizing to police officers), and (2) the evidence was insufficient to support adjudication under § 43-247(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a school security officer or campus supervisor may be a "victim" whose peace can be disturbed under the city disturbing-the-peace ordinance	Elainna: school security officers should be treated like police officers and have no expectation of peace; thus they cannot be victims	State: the ordinance’s plain language covers "any person" and prior Nebraska precedent allows officers to be victims	Held: Yes — the ordinance’s plain wording and Nebraska authority permit a school security officer/campus supervisor to be a victim
Whether the evidence was sufficient to adjudicate Elainna under § 43-247(1) for disturbing the peace by fighting	Elainna: no fighting words and insufficient proof she disturbed Mahagoub’s peace	State: Elainna’s physical actions (striking, hair-grab, dragging to floor) disrupted Mahagoub’s ability to maintain order and thus disturbed his peace	Held: Sufficient — facts and reasonable inferences show Elainna’s conduct threw Mahagoub’s peace into disorder; adjudication affirmed

State v. Broadstone, 233 Neb. 595 (rejecting argument police officers cannot be victims of fighting words)
State v. Boss, 195 Neb. 467 (upholding conviction for abuse/resistance of an officer; recognizing fighting words directed at officers)
State v. Groves, 219 Neb. 382 (affirming disorderly conduct conviction; police officers not less susceptible to disturbance)
State v. Moore, 226 Neb. 347 (affirming disturbing-the-peace conviction based on totality of conduct in officer’s presence)
State v. McNair, 178 Neb. 763 (defining "disturb" for disturbance-of-assembly ordinance, applied to municipal disturbance statutes)
In re LeVanta S., 295 Neb. 151 (juvenile-case standard recognizing disturbing-the-peace elements)