Jill B. v. State

Plaintiffs sued the State and the Nebraska Department of Health and Human Services (collectively, the State) after a state employee falsely told them that K.D.M. had no sexual abuse history and, upon K.D.M’s placement in Plaintiffs’ home, K.D.M. sexually assaulted their child. The district court dismissed the complaint, concluding that the State was immune from suit because the employee consciously deceived Plaintiffs and the State Tort Claims Act “specifically excepts from its waiver of governmental immunity claims that are based on misrepresentation and deceit.” The Supreme Court affirmed, holding that because Plaintiffs’ claims arose out of the State employee’s misrepresentation, they were barred. View "Jill B. v. State" on Justia Law