Justia Nebraska Supreme Court Opinion Summaries

Plaintiff’s employment as captain in the Washington County sheriff’s office was terminated after an investigation into his conduct. Plaintiff filed suit against the Fraternal Order of Police Lodge No. 36 and Michael Robinson, the County sheriff, alleging (1) as against Lodge No. 36, breach of contract arising from the Lodge’s refusal to provide representation after he requested it, and (2) as against Robinson, interference with a business relationship, alleging that Robinson obstructed the Lodge’s ability to fulfill its duty of fair representation. The district court granted Defendants’ motions to dismiss. The Supreme Court affirmed, holding that the district court (1) did not err in dismissing Plaintiff’s amended complaint for failure to file a grievance and in concluding that it lacked subject matter jurisdiction; and (2) did not err in finding that Plaintiff was immune from suit under the doctrine of sovereign immunity. View "Lamb v. Fraternal Order of Police Lodge No. 36" on Justia Law

Plaintiff’s employment as captain in the Washington County sheriff’s office was terminated after an investigation into his conduct. Plaintiff filed suit against the Fraternal Order of Police Lodge No. 36 and Michael Robinson, the County sheriff, alleging (1) as against Lodge No. 36, breach of contract arising from the Lodge’s refusal to provide representation after he requested it, and (2) as against Robinson, interference with a business relationship, alleging that Robinson obstructed the Lodge’s ability to fulfill its duty of fair representation. The district court granted Defendants’ motions to dismiss. The Supreme Court affirmed, holding that the district court (1) did not err in dismissing Plaintiff’s amended complaint for failure to file a grievance and in concluding that it lacked subject matter jurisdiction; and (2) did not err in finding that Plaintiff was immune from suit under the doctrine of sovereign immunity. View "Lamb v. Fraternal Order of Police Lodge No. 36" on Justia Law

Appellant was a bystander in an incident where two deputies of the Douglas County Sheriff’s Department took a minor student into custody. Appellant alleged that the deputies injured her by negligently knocking her into a wall and to the ground during the incident. The district court granted summary judgment in favor of Defendants - Douglas County and the elected sheriff of the County. The district court granted summary judgment in favor of the County and sheriff. The Supreme Court affirmed, albeit on different grounds, holding that there was no issue of material fact in this negligence action that Defendants did not breach their duty, and Defendants were entitled to summary judgment as a matter of law. View "Phillips v. Liberty Mut. Ins. Co." on Justia Law

Landowners filed a complaint for injunctive relief and to quiet title attempting to stop the construction of a home on a lot directly adjacent to their property and asking that title to the lot be quieted in them based on a theory of adverse possession. The district court quieted title to the disputed land in Landowners’ favor, concluding that Landowners had established all of the elements of adverse possession. The Supreme Court reversed, holding that Landowners failed to prove, by a preponderance of the evidence, that their possession of the subject property was sufficiently notorious to support their claim of adverse possession. View "Poullos v. Pine Crest Homes, LLC" on Justia Law

After EyeCare Specialties, P.C. of Lincoln terminated the employment of Cindy Marshall, Marshall sued, alleging that EyeCare discriminated against her because of her skin condition, tremors, and perceived disability related to her past prescription drug abuse. The district court granted summary judgment in favor of EyeCare. The Supreme Court reversed, holding (1) a genuine issue of material fact existed concerning whether EyeCare discriminated against Marshall because of her skin condition and tremors, both of which EyeCare perceived to substantially limit Marshall’s ability to work; and (2) Marshall failed to present evidence that EyeCare discriminated against her for having a perceived drug addiction that substantially limited one or more major life activities. View "Marshall v. EyeCare Specialties, P.C." on Justia Law

The juvenile court granted the Department of Health and Human Services temporary custody of Jackson after finding that he had suffered head injuries at home. Jackson was placed with his maternal grandmother, Erin, and her husband, Paul, where he remained in foster care for the next two and a half years. The Department later removed Jackson from his placement with Erin and Paul and placed him with other foster parents. Erin and Paul filed a motion for placement requesting an order that the Department place Jackson back with them and also filed a motion to intervene. The court granted Erin and Paul’s motion to intervene but denied their motion for placement, finding that the State had met its burden of proof that its placement plan was in the best interests of Jackson. Erin and Paul filed a motion for new trial or to alter or amend the court’s order. The motion was denied. Erin and Paul appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that Erin and Paul had no right to take an appeal under the circumstances, and therefore, they had no standing. View "In re Interest of Jackson E." on Justia Law

The State filed a petition requesting that K.J. be adjudicated within the meaning of Neb. Rev. Stat. 43-247(3)(a). After a hearing, the court ordered care, custody, and control of K.J. to remain with the Department of Health and Human Services. The State later filed a petition to terminate the parental rights of Charles to K.J., his son, pursuant to Neb. Rev. Stat. 43-292. Following the termination hearing, the juvenile court denied the State’s petition to terminate Charles’ parental rights, finding that it should have appointed an attorney for Charles at the adjudication hearing. The State appealed. The Supreme Court reversed, holding (1) the juvenile court’s failure to provide Charles with counsel during the adjudication phase did not preclude consideration of termination of parental rights pursuant to section 43-292(1) through (3); and (2) there was clear and convincing evidence that Charles abandoned K.J. and that the termination of his parental rights was in K.J.’s best interests. View "In re Interest of Isabel P." on Justia Law

After a jury trial, Appellant was convicted of first degree murder, use of a deadly weapon to commit a felony, and burglary. The Supreme Court affirmed, holding that the district court did not err in (1) finding sufficient evidence to sustain Appellant’s convictions for first degree murder and use of a deadly weapon to commit a felony; (2) admitting certain evidence over Defendant’s foundation objection and relevance objection; and (3) instructing the jury on the elements of first degree murder, second degree murder, and manslaughter and refusing Appellant’s proposed elements instruction. View "State v. Casterline" on Justia Law

In 2011, Cheyenne County conducted its annual tax sale. Rather than using a traditional “round robin” format at the sale, the county treasurer used the “bid down” format provided by Neb. Rev. Stat. 77-1807. Adair Asset Management, LLC purchased a tax sale certificate on certain real estate, now owned by Terry’s Legacy, LLC, after offering to pay the taxes due for a one percent undivided interest in the property. After paying delinquent taxes on the property, Adair filed a complaint and obtained a decree judicially foreclosing the lien provided by the tax sale certificate. The complaint alleged that there was a potential claim against the property by First State Bank. The subsequent decree, in effect, ordered a sale of a 100-percent interest in the property. Terry’s Legacy appealed, arguing that the district court erred by failing to determine that it retained a ninety-nine-percent interest in the property. The Supreme Court modified the decree of foreclosure to apply only to Adair’s undivided one percent interest in the property and, as so modified, affirmed, holding that Adair’s lien to be foreclosed is limited to one percent of the property. Remanded. View "Adair Asset Mgmt., LLC v. Terry’s Legacy, LLC" on Justia Law

Shortly after his release from prison, Nikko Jenkins shot Shamecka Holloway. Holloway sued the State, Correct Care Solutions (CCS), and certain State employees, claiming that the State and CCS, which contracted with the State to provide medical services for inmates, were negligent in failing to provide Jenkins with adequate mental health treatment and failing to seek mental health commitment prior to Jenkins’ release. The district court dismissed Holloway’s claims. The Supreme Court affirmed, holding (1) the State and its employees were entitled to immunity from suit because whether to seek commitment falls under the discretionary function exception to the State Tort Claims Act; and (2) Holloway failed to plead sufficient facts to show that CCS was liable. View "Holloway v. State" on Justia Law