Justia Nebraska Supreme Court Opinion Summaries

A 10-year-old student at an elementary school in Lincoln, Nebraska, was injured during a game of tag in a physical education class. The student was holding a pool noodle to tag classmates when another student, K.H., grabbed the pool noodle, causing the student to fall and hit her head. The student's mother sued the school district for negligence. The school district claimed sovereign immunity under the Political Subdivisions Tort Claims Act (PSTCA), arguing the claim arose from a battery.The district court overruled the school district's motion for summary judgment, finding a factual dispute about whether the pool noodle was part of the student's body. The court noted that while K.H. intentionally grabbed the pool noodle without the student's consent, it was unclear if this contact constituted a battery since the pool noodle was not necessarily part of the student's person.The Nebraska Supreme Court reviewed the case. The court noted that public school districts are political subdivisions under the PSTCA and that if a claim falls within an exemption, the political subdivision is not liable. The court examined whether the contact with the pool noodle could be considered offensive contact with the student's body, which would constitute a battery. The court found that whether an object is part of a person's body is determined on an objective reasonable person basis and that there was a genuine issue of material fact regarding this question.The Nebraska Supreme Court affirmed the district court's decision, holding that the factual dispute about whether the pool noodle was part of the student's body precluded summary judgment. The case was allowed to proceed to determine if the school district retained sovereign immunity. View "Scott v. Lancaster Cty. Sch. Dist. 0001" on Justia Law

Dennis C. Jackson, a prison inmate, sought judicial review in the district court for Johnson County of an agency’s final decision under the Administrative Procedure Act (APA). Jackson filed an application to proceed in forma pauperis (IFP) along with his petition. The district court did not explicitly rule on the IFP application and dismissed Jackson’s APA petition as untimely. Jackson appealed the dismissal.The district court did not grant Jackson’s IFP application, instead deferring its ruling until Jackson filed an amended petition. Jackson complied, but the court dismissed the petition for being untimely, citing incorrect dates. Jackson filed a motion for reconsideration, which the court overruled without addressing the IFP application. Jackson then appealed to the Nebraska Court of Appeals, filing another IFP application for the appeal.The Nebraska Supreme Court reviewed the case. It found that the district court implicitly denied Jackson’s IFP application by dismissing the petition without ruling on the application. The Supreme Court determined that the district court erred by not following statutory procedures for IFP applications and by incorrectly calculating the timeliness of Jackson’s petition. The court held that Jackson’s petitions were neither frivolous nor malicious and that the denial of IFP status was plainly erroneous.The Nebraska Supreme Court reversed the district court’s denial of Jackson’s IFP application and remanded the case with directions to grant the initial IFP application and proceed with further actions consistent with its opinion. View "Jackson v. Rodriguez" on Justia Law

An inmate in the custody of the Nebraska Department of Correctional Services (DCS) filed a negligence action against the State of Nebraska under the State Tort Claims Act (STCA). The inmate alleged that DCS failed to investigate his complaint that other inmates had stolen his property while he was in segregated confinement. He claimed that this failure to investigate resulted in the loss of his property, valued at $496.05, and caused him mental and emotional distress.The District Court for Lancaster County dismissed the case, finding that it lacked subject matter jurisdiction. The court concluded that the inmate failed to plead a cognizable claim under the STCA because he did not show that the State owed him a legal duty under the relevant regulations. The court determined that the regulations cited by the inmate did not create a legal duty owed to him by the State.The Nebraska Supreme Court reviewed the case de novo and affirmed the district court's decision. The Supreme Court held that the inmate disciplinary procedure statutes and regulations did not give rise to a tort duty of the State to investigate the alleged theft of the inmate's property. The court found that these regulations were designed to prescribe disciplinary procedures for inmates who allegedly engaged in misconduct, not to protect an inmate seeking an investigation into other inmates' alleged misconduct. As a result, the inmate failed to state a claim of negligence under the STCA, and the State's sovereign immunity was not waived. Therefore, the district court correctly dismissed the case for lack of subject matter jurisdiction. View "Ryan v. State" on Justia Law

Healthy Blue, a vendor, submitted a proposal to operate Nebraska’s Medicaid managed care program but was not selected. After its bid protest and request for reconsideration were denied by the Nebraska Department of Health and Human Services (DHHS), Healthy Blue filed a lawsuit in the district court for Lancaster County against state officials and the winning bidders. Healthy Blue sought declaratory and injunctive relief under the Uniform Declaratory Judgments Act (UDJA), claiming DHHS acted unlawfully in awarding the contracts.The district court overruled the state officials' motion to dismiss, which argued that Healthy Blue lacked standing as a taxpayer and that the claim was barred by sovereign immunity. The court found that Healthy Blue adequately pled taxpayer standing and that the claim was not barred by sovereign immunity because it sought relief from an invalid act by public officers. The state officials then moved for summary judgment, reiterating their sovereign immunity argument. The district court denied this motion, maintaining that the claim was an official-capacity suit not barred by sovereign immunity.The Nebraska Supreme Court reviewed the case. The court held that the state officials' motion for summary judgment was not based on the assertion of sovereign immunity, as they did not appeal the district court's ruling that the claim was an official-capacity suit. The court emphasized that standing and sovereign immunity are distinct jurisdictional concepts and that the question of standing can be reviewed on appeal of a final order without being effectively lost. Consequently, the Nebraska Supreme Court dismissed the appeal for lack of jurisdiction. View "Community Care Health Plan of Nebraska, Inc. v. Jackson" on Justia Law

The case involves a dispute between the City of Hastings and a group of appellants referred to as the "chief petitioners." The chief petitioners submitted a referendum petition to repeal a city council measure approving the demolition of a viaduct. The City of Hastings sought a declaratory judgment to determine whether it was required to hold a special referendum election, given that the viaduct was demolished during the pendency of the action.The District Court for Adams County initially denied the chief petitioners' request for a temporary injunction to prevent the demolition. Subsequently, the viaduct was demolished. The district court then ruled that the case was moot because the viaduct no longer existed, and any referendum would be ineffectual. However, the court also addressed other arguments and ultimately declared that no election or ballot submission should be made.The Nebraska Supreme Court reviewed the case and agreed with the district court's finding that the case was moot. The court noted that the demolition of the viaduct eradicated the parties' legal interests in the dispute, making any referendum on the issue meaningless. The court also considered whether the public interest exception to the mootness doctrine applied but concluded that the specific circumstances of the case did not warrant an authoritative adjudication for future guidance.The Nebraska Supreme Court affirmed the district court's decision in part, reversed it in part, and remanded the case with directions to dismiss the action due to mootness. View "City of Hastings v. Sheets" on Justia Law

Salvador Garcia, a garbage truck driver, filed a negligence lawsuit against the City of Omaha under the Political Subdivisions Tort Claims Act (PSTCA) after his truck fell into a sinkhole on a city street, causing him injuries. The City of Omaha claimed sovereign immunity under a provision of the PSTCA that generally immunizes political subdivisions from liability claims relating to localized defects in public thoroughfares unless they have actual or constructive notice of the defect and a reasonable time to repair it. The City argued that it did not have such notice.The City of Omaha filed a motion for summary judgment, asserting its sovereign immunity. The District Court for Douglas County denied the City's motion, finding that while the City had made a prima facie case that it lacked actual or constructive notice of the defect, Garcia had met his burden to demonstrate a genuine issue of material fact that precluded summary judgment. The City appealed this decision.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the City had met its initial burden by showing that it did not have actual or constructive notice of the defect. However, the court also found that Garcia had met his burden to demonstrate a genuine issue of material fact as to whether the City had actual or constructive notice of the defect. The court concluded that the evidence created a genuine issue of material fact whether the City received actual or constructive notice of the defect in a public thoroughfare. If the City had received notice within a reasonable time to allow it to make repairs prior to the incident, it would not be immunized under the relevant provision of the PSTCA. View "Garcia v. City of Omaha" on Justia Law

The case involves the defendant, Michael C. Hoehn, who was convicted of driving under the influence (DUI) after a motion to suppress evidence from his stop and arrest was denied by the county court. The arresting officer, Officer Matt Rockwell of the Minatare Police Department, had left his primary jurisdiction after receiving a report of a white pickup driving erratically. Rockwell observed the pickup straddling the centerline and trash coming from the driver’s-side window. After the pickup turned into oncoming traffic and down into the grass median, Rockwell stopped the vehicle and identified the driver as Hoehn. Rockwell observed Hoehn had slurred speech, bloodshot, watery eyes, and detected a strong odor of an alcoholic beverage coming from the vehicle. Rockwell administered a preliminary breath test and other field sobriety tests, which Hoehn failed, leading to his arrest for DUI.Hoehn appealed to the district court, arguing that Rockwell did not have jurisdictional authority to perform the traffic stop. The district court affirmed the conviction, interpreting Nebraska Revised Statute § 29-215(3)(c) to mean that when probable cause exists, officers have authority to perform stops and arrests outside of their primary jurisdiction that are solely related to enforcing laws that concern a person operating a motor vehicle under the influence of alcohol or drugs.Hoehn then appealed to the Nebraska Court of Appeals, which disagreed with the district court’s interpretation of § 29-215(3)(c) and found that Rockwell lacked jurisdictional authority to make the stop and arrest. However, the Court of Appeals held that under the good faith exception to the Fourth Amendment’s exclusionary rule, Hoehn’s conviction, based on the evidence from his stop and arrest, did not violate the Fourth Amendment to the U.S. Constitution and article I, § 7, of the Nebraska Constitution. Both Hoehn and the State petitioned for further review by the Nebraska Supreme Court.The Nebraska Supreme Court affirmed the decision of the Court of Appeals, albeit on different grounds. The court held that a law enforcement officer’s jurisdictional power and authority to make a stop or arrest is irrelevant to the admissibility, under the Fourth Amendment and article I, § 7, of the Nebraska Constitution, of the evidence obtained from the stop or arrest. Therefore, the county court did not err in denying Hoehn’s motion to suppress brought under the Fourth Amendment to the U.S. Constitution and article I, § 7, of the Nebraska Constitution. View "State v. Hoehn" on Justia Law

The Nebraska Supreme Court ruled that the State of Nebraska and the Nebraska Department of Health and Human Services (DHHS) are immune from a lawsuit brought by three siblings who were physically and sexually abused in a foster home. The siblings, Joshua M., Sydnie M., and Abigail S., were placed in the foster home by DHHS in 1996. They alleged that DHHS was negligent in recommending and supervising their placement and in failing to remove them from the home when DHHS knew or should have known they were being abused. The court found that the siblings' claims fell within the State Tort Claims Act's exemption for claims arising out of assault or battery, and thus were barred by the State's sovereign immunity. The court also found that DHHS did not breach its duty of care to the siblings. The court affirmed the judgment in favor of DHHS and remanded the case with directions to dismiss the claims against DHHS. The court also affirmed a judgment against the siblings' former foster parent in the amount of $2.9 million. View "Joshua M. v. State" on Justia Law

The case involves RaySean Barber, an inmate in the custody of the Nebraska Department of Correctional Services (DCS), who was diagnosed with a mental illness. Barber refused treatment with antipsychotic medications, leading DCS medical staff to apply for a series of involuntary medication orders (IMOs) authorizing monthly injections of the antipsychotic medication Haldol against his will. Barber filed a lawsuit against the State of Nebraska under the State Tort Claims Act (STCA), alleging that DCS employees were negligent in applying for, ordering the initiation and continuation of, and upholding the IMOs.The State moved to dismiss Barber's complaint, arguing that the claim was barred by the STCA’s exemption for any claim arising out of battery. The district court agreed and dismissed the complaint, reasoning that the unconsented and involuntary injection is the cause of Barber’s alleged injury—a battery.The Nebraska Supreme Court affirmed the district court's decision. The court concluded that Barber's claim—that DCS staff negligently subjected him to an IMO and injected him with Haldol against his will—is a claim that arises out of a battery. The court held that because Barber's claim arose out of a battery, it is barred by the exemption in the STCA. View "Barber v. State" on Justia Law

In this case, the Nebraska Supreme Court reversed the lower court's denial of summary judgment, determining that the Lincoln Public Schools (LPS), a political subdivision, retained immunity from an employee's wrongful discharge claim under the discretionary function exemption of the Political Subdivisions Tort Claims Act (PSTCA). The plaintiff, Lynne Simpson, claimed LPS wrongfully terminated her in retaliation for her filing a workers' compensation claim. LPS asserted sovereign immunity and immunity under the PSTCA, arguing that its decision to terminate Simpson's employment was a discretionary act.The Nebraska Supreme Court held that employment and termination decisions generally involve a judgment of the kind that the discretionary function exemption is designed to shield. The court found that LPS's decision to terminate Simpson's employment involved an element of judgment, as LPS had to balance information about Simpson's performance against information about her criminal history and honesty issues. Therefore, the court concluded that LPS was entitled to immunity under the discretionary function exemption and remanded the case with directions to dismiss. The court did not rule on LPS's claim that the court lacked subject matter jurisdiction due to the exclusivity provisions of the Nebraska Workers' Compensation Act, as it had already found that LPS was immune from suit. View "Simpson v. Lincoln Public Schools" on Justia Law