In another case, the mistake chopped 30 years off a sentence.

The state hasn't yet released the names or a final number of inmates released early. There are believed to be at least 60.

Last week, Gov. Dave Heineman acknowledged frustration about the error and said he was talking with Attorney General Jon Bruning to figure out the legal steps needed to retrieve offenders who were released before completing their sentences.

But the state hasn't started rounding up released inmates yet.

In the petition filed in Lancaster County District Court Tuesday, Caton, who got out of prison Oct. 23 said he is not hiding or fleeing his responsibilities.

His address is on the state's Sex Offender Registry for a Sarpy County kidnapping and sexual assault in 1988.

Caton said he has been cooperative with state and federal authorities and is remorseful for the burglary for which he most recently served time. He even asked his victim to come to the prison so he could apologize, he says in the lawsuit.

He is working as a flag man on a road project and reconnected with his sons in Arizona in January, he said, "and will not disappoint them again."