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

On Nov. 17, 2016, Elainna R., a student at Lincoln Southeast High School, engaged in a 2–3 minute physical fight with another student (A.L.) in a school hallway.
School campus supervisor/security officer Sief Mahagoub observed the altercation, ordered the students to stop, and physically intervened to separate them.
Mahagoub testified he was trained as a security officer (and previously as military police), regularly breaks up student fights, and found this incident "very intense" and disruptive to the school day; an associate principal corroborated the disruption.
Juvenile petition charged Elainna under Lincoln Mun. Code § 9.20.050 (disturbing the peace by "engaging in fighting") and Neb. Rev. Stat. § 43-247(1); the juvenile court adjudicated her delinquent after finding proof beyond a reasonable doubt.
Elainna appealed, asserting (1) a school security officer cannot be a victim for disturbing-the-peace purposes (analogizing to police officers), and (2) insufficient evidence supported adjudication under § 43-247(1).

Issue	Plaintiff's Argument (Elainna)	Defendant's Argument (State)	Held
Whether a school security officer/campus supervisor can be the victim of "disturbing the peace" under the city ordinance	School safety officers should be treated like police officers and have no expectation of peace; thus fighting/"fighting words" toward them cannot constitute disturbing the peace	The municipal ordinance is broadly written; Nebraska precedent allows public officers to be victims of disturbance offenses	A school security officer/campus supervisor may be a victim of disturbing the peace
Whether evidence was sufficient to adjudicate Elainna under § 43-247(1)	No evidence of "fighting words" directed at Mahagoub; insufficient to disturb his peace	Elainna’s physical, aggressive conduct (ignoring commands, hitting, hair-pulling, bringing parties to the floor) physically disrupted Mahagoub’s peace and duties	Evidence (conduct and circumstances) proved beyond a reasonable doubt that Elainna disturbed Mahagoub’s peace by engaging in fighting

In re LeVanta S., 295 Neb. 151, 887 N.W.2d 502 (2016) (juvenile review de novo on the record)
Landrum v. City of Omaha Planning Bd., 297 Neb. 165, 899 N.W.2d 598 (2017) (ordinance interpretation is a question of law)
State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989) (disturbing-the-peace and fighting-words analysis; officers can be victims)
State v. Boss, 195 Neb. 467, 238 N.W.2d 639 (1976) (rejected rule that police cannot be provoked into disturbance convictions)
State v. Groves, 219 Neb. 382, 363 N.W.2d 507 (1985) (upheld disorderly conduct conviction where officer was victim)
State v. Moore, 226 Neb. 347, 411 N.W.2d 345 (1987) (upheld disturbing-the-peace conviction based on totality of conduct toward an officer)
State v. McNair, 178 Neb. 763, 135 N.W.2d 463 (1965) (definition of "disturb" as throwing into disorder or interrupting a settled state)