Nebraska Immunity Law

Gillian Filyaw v. Steve Corsi, et al.

Lincoln, Nebraska civil rights lawyer represented the Plaintiff in a wrongful termination of Medicaid benefits without notice. Medicaid is a federal and state funded program that provides medical coverage for certain people with limited income. Accepting the facts in Filyaw's complaint as true, she obtained Medicaid in the fall of 2020 administered through the NDHHS. ... More...

$0 (08-27-2025 - NE)

Hugo Lucas Campbell Ortega, et al. v. United States Citizenship & Immigration Services

Lincoln, Nebraska immigration lawyers represented Plaintiffs who sued the Defendant seeking review of an administrative order under 05 U.S.C. 551, which provides: For the purpose of this subchapter- (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include- (A) the Co... More...

$0 (10-06-2023 - NE)

Courtney Lawton v. Board of Regents of the University of Nebraska, et al

Lincoln, Nebraska Civil rights lawyers represented Plaintiff, who claimed that Defendant violated her civil rights. In this case, a graduate student and lecturer of English at a state university alleges that the university's response to her participation in an on-campus protest violated her rights under the state and federal constitutions. This case comes before the Court on Defendan... More...

$0 (06-07-2022 - NE)

John M. Carter v. William Muldoon

<center> <img width="300" src="https://www.ned.uscourts.gov/sites/default/files/images/seal_ned.png"> </center> In this civil rights action, John M. Carter appeals following the district court’s1 adverse grant of summary judgment. Viewing the record in a light most favorable to The Honorable Laurie Smith Camp, United 1 States District Judge for the District of Nebras... More...

$0 (10-21-2019 - NE)

<centr> Donald Morgan v. Michael Robinson

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DenneyFB_1426624419723.jpg"> </center> Donald Morgan sued his boss Michael Robinson for First Amendment retaliation under 42 U.S.C. § 1983. Robinson moved for summary judgment based on qualified immunity. The district court denied the motion. This court reverses and remands. I. Morgan is... More...

$0 (03-30-2019 - NE)

Thompson L. Awnings v. Joshua Fullerton; Ryan Duncan; Jeremy Cather; Todd Roberts; and Travis Banks

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DenneyFB_1426624419723.jpg"> </center> Thompson Awnings sued, among others, Officers Joshua Fullerton, Ryan Duncan, and Tarvis Banks of the Lincoln Police Department (LPD) under 42 U.S.C. § 1983 in their individual capacities. Awnings’s suit alleged multiple constitutional violations by the of... More...

$0 (01-04-2019 - NE)

Melanie Kelsay v. Matt Ernst

<center> <img width="300" src="https://www.gsa.gov/ephox_images/DenneyFB_1426624419723.jpg"> </center> Melanie Kelsay sued sheriff’s deputy Matt Ernst under 42 U.S.C. § 1983, alleging that Ernst used excessive force while arresting Kelsay. The district court denied Ernst’s motion for summary judgment, and Ernst appeals on the ground that he is entitled to qualified imm... More...

$0 (09-28-2018 - NE)

Nicholas Sampson v. Investigator William Lambert

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson. Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir. Rule 47E. -4- The court concluded that St. Paul Insurance had a duty under its coverage policy to indemnify David Kofoed for intentiona... More...

$0 (09-18-2018 - NE)

James L. Dean, et al. v. Gage County, Nebraska, et al.

Lincoln, NE - James L. Dean, and others sued Gage County, Nebraska, Richard T. Smith, Richard T. Smith, Gerald Lamkin, Gerald Lamkin, Mark Meints, Jerry O. DeWitt, Wayne R. Price on civil rights violation theories under 42 U.S.C. 1983. In 1989, Joseph White was convicted for the rape and murder of Helen Wilson. The prosecution used testimony and confessions from White’s co-defendan... More...

$28100000 (06-11-2018 - NE)

James L. Dean; Lois P. White, as Personal Representative of the Estate of Joseph White, deceased; Kathleen A. Gonzalez; Thomas W. Winslow; Ada Joann Taylor; Debra Sheldon

DNA evidence exonerated Joseph E. White and the five other plaintiffs of rape and murder. They sued Gage County and the officers involved in their case. After an appeal from summary judgment and a mistrial on remand, the district court dismissed plaintiffs’ conspiracy claim and all claims against Gage County. The -2- district court denied qualified immunity to the officers. H... More...

$0 (08-30-2018 - NE)

State of Nebraska v. James Cotton <table> <td>

On August 7, 2015, Cotton shot and killed Trevor Bare. During the evening prior to the shooting, Bare saw Cotton in the apartment immediately above his own. Because Cotton and Bare had a negative history together, Bare confronted Cotton and an argument ensued. After the initial altercation, Bare and his girlfriend, McKayla Burnette, left the apartment house. A couple of hou... More...

$0 (04-23-2018 - NE)

Stacey L. Komar v. State of Nebraska et al <table> <td>

the allegations of the complaint, on January 15, 2013, Stacey L. Komar learned that an employee of the State of Nebraska had accessed her electronically stored medical records without her permission. Approximately 17 months 1 See Neb. Rev. Stat. §§ 81-8,209 to 81-8,235 (Reissue 2014). 2 Komar v. State, 24 Neb. App. 692, 897 N.W.2d 310 (2017). later, on June 27, 2014, Komar presented ... More...

$0 (03-27-2018 - NE)

STATE OF NEBRASKA V. TIMOTHY J. BRITT

Britt’s convictions arose out of the deaths of Miguel E. Avalos, Sr. (Miguel Sr.); Jose Avalos; and Miguel E. Avalos, Jr. (Miguel Jr.) Davis was convicted in a separate trial of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony arising from the deaths of the same victims.1 At the time of Britt’s trial, Davis was awaiting sentencing. 1. ... More...

$0 (04-22-2016 - NE)

Waldron v. Roark

The parties’ characterizations of the facts of this case differ substantially, but in reviewing orders granting summary judgment, we consider the facts in the light most favorable to the nonmoving party.1 Consequently, the following facts are set forth in a light most favorable to Waldron: On the evening of February 22, 2012, Roark and May went to Waldron’s home to serve an arrest warrant on C... More...

$0 (02-26-2016 - NE)

State Of Nebraska v. Bain

A jury found the appellant, Tyler C. Bain, guilty of four felonies stemming from his assaults of his former wife with whom he was living: kidnapping, first degree sexual assault, second degree assault, and making terroristic threats. Regarding the kidnapping conviction, the court found that statutory mitigating circumstances did not exist. It convicted Bain of a Class IA felony for kidnapping and ... More...

$0 (01-08-2016 - NE)

State Of Nebraska v. Aguilar

Aguilar’s convictions arose from a traffic stop on April 7, 2014, in Grand Island, Nebraska. Deputy Sheriff Rhonda Rowe (“Rowe”) initiated the traffic stop after observing a vehicle driving in front of her with expired tags, which she confirmed to be expired through a computer system prior to conducting the stop. After activating her emergency lights, Rowe pulled the vehicle over and made co... More...

$0 (11-28-2015 - NE)

Dowd Grain Co. v. County of Sarpy

On March 9, 2004, the Sarpy County Board of Commissioners supplemented the Sarpy County zoning ordinances by adopting an overlay district zoning ordinance (overlay ordinance). In effect, the overlay ordinance imposed additional regulations on land along a specified road corridor. These regulations included design guidelines. The original overlay ordinance applied only to future developments. It st... More...

$0 (08-17-2015 - NE)

Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanieâ€”a resident of North Platte, Nebraskaâ€”that it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically... More...

$0 (04-23-2015 - NE)

Jaryl Ellis v. Robert Houston

Five African American officers who worked in the maximum security Nebraska State Penitentiary brought this action under 42 U.S.C. Â§Â§ 1981 and 1983 against five supervisors for race based harassment and retaliation. They seek both injunctive relief and monetary damages. The district court granted summary judgment to the defendants after examining the evidence "as if there were but a single pl... More...

$0 (02-04-2014 - NE)

Carroll White v. Burdette Searcey

In 1989, Plaintiff Joseph White was convicted by a Nebraska jury of felony murder in the February 1985 rape and murder of Helen Wilson in Beatrice, Nebraska. The prosecution's case against White was based primarily on the testimony and confessions of White's co-defendants, Ada JoAnn Taylor, Thomas W. Winslow, James L. Dean, Kathleen A. Gonzalez, and Debra Shelden. White was sentenced to life in pr... More...

$0 (10-15-2012 - NE)

Sherry Luckert v. Dodge County

Troy Sampson committed suicide while detained at the Dodge County Jail (DCJ) in Fremont, Nebraska. Sampson's mother, Sherry Luckert, acting as the personal representative of Sampson's estate, sued Dodge County and jail officials under 42 U.S.C. Â§ 1983, claiming they were deliberately indifferent to Sampson's medical needs, violating his due process rights. A jury found Dodge County and DCJ's di... More...

$0 (06-23-2012 - NE)

Bernard Jones v. Rick McNeese

In this interlocutory appeal, Dr. Rick McNeese appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity. We remand the case to the district court for a more complete articulation of its analysis of Dr. McNeese's motion for summary judgment based on qualified immunity. I. BACKGROUND The Nebraska Department of Correctional Services (the ... More...

$0 (03-29-2012 - NE)

Nancy Mader v. United States

In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. Â§ 2675(a), the representative fails or refuses to first present to the appropriate federal agency evidence of her a... More...

$0 (09-07-2011 - NE)

Tim Dempsey v. City of Omaha

Tim Dempsey, the former Chief of Police for Elkhorn, Nebraska, appeals the district court's denial of his First Amendment retaliation claims against the City of Omaha. The events giving rise to this action occurred in the context of Omaha's contested and protracted annexation of Elkhorn. Throughout and following this process, Omaha hired most Elkhorn employees who sought employment with Omaha. ... More...

$0 (02-08-2011 - NE)

Rodney Ballard v. David Heineman

Rodney A. Ballard brought this 42 U.S.C. Â§ 1983 action against Nebraska Governor David Heineman, Nebraska Attorney General Jon Bruning and Nebraska State Trooper No. 371, Dean Riedel. Ballard alleges he was the victim of Riedel's racially-motivated traffic stop and subsequent unconstitutional search and seizure, which Heineman and Bruning promoted through policies that encouraged the targeting ... More...

$0 (12-01-2008 - NE)

Gregory Kloch v. Jon C. Bruning, etc.

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court's decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. Â§ 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska's Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Consti... More...

$0 (11-04-2008 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/07/09/063761P.pdf" target="_new">Stacy Lane VanHorn v. Dennis Oelschlager, et al.</a>

Dennis Oelschlager, the Executive Secretary for the Nebraska State Racing Commission ("the Commission"), and its three appointed Commissioners, Chairman Dennis P. Lee, Janell Beveridge, and Bob Volk ("the Commissioners") seek an interlocutory appeal. Oelschlager and the Commissioners request reversal of the district court's1 denial of their motion to reconsider its order directing that laws... More...

$0 (09-28-2007 - NE)

<a href="http://court.nol.org/opinions/2007/february/feb16/s05-794.pdf" target="_new">John Doe, as father and next friend of Jane Doe, a minor child, v. Omaha Public School District</a>

John Doe, as father and next friend of Jane Doe, brought this action against the O maha Public School District (OPS) under the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat. §§ 13-901 to 13-926 (Reissue 1997 & Cum. Supp. 2002). O PS moved to dismiss, claiming immunity under § 13-910. The district court granted the motion and dismissed the complaint with prejudice. Do... More...

$0 (03-02-2007 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/05/05/043263P.pdf" target="_new">Bill M. v. Health & Human Services</a>

The Nebraska Department of Health and Human Services and the Nebraska Department of Health and Human Services Finance and Support (collectively, Nebraska) appeal from the district court's denial of their motion to dismiss based on Eleventh Amendment sovereign immunity. We reverse. I. Bill M. and six other developmentally disabled adults (Plaintiffs) sued Nebraska and various Nebra... More...

$0 (05-28-2005 - NE)

<a href="http://court.nol.org/opinions/2004/may/may21/s02-1371.htm" target="_new">Kim L. Burke, as mother and next friend of Troy Joseph Burke, a minor v. Robert M. McKay et al</a>

This is an action filed by Kim L. Burke, as mother and next friend of Troy Joseph Burke (Burke), seeking damages for personal injuries sustained by Burke while competing in a high school rodeo in Madison, Nebraska, on May 26, 2000 (the Madison rodeo). The action was initially brought against rodeo stock contractor McKay Rodeo Company, Inc. (MRC), and Robert M. McKay, its sole shareholder. The Nebr... More...

$0 (05-24-2004 - NE)

JacQaus L. Martin, appellee and cross-appellant, v. Nebraska Department of Correctional Services et al., appellants and cross-appellees.

The plaintiff, JacQaus L. Martin, was committed to the custody of the Department of Correctional Services (DCS) on May 30, 1990, and is incarcerated at the Tecumseh State Correctional Institution (TSCI). Martin has been found guilty of misconduct at various disciplinary hearings and, as a result, has forfeited 32 months 15 days of good time. Of that time, forfeiture of 19 months 15 days was n... More...

$0 (11-21-2003 - NE)

<a href="http://court.nol.org/opinions/2003/may/may16/s00-679.htm" target="_new">Colin M. Gourley, et al. v. Nebraska Methodist Health System, Inc., et al.</a>

Neb. Rev. Stat. § 44-2825(1) (Reissue 1998) of the Nebraska Hospital-Medical Liability Act limits recoverable damages in medical malpractice actions to $1,250,000. The district court determined that the damages limitation was unconstitutional because it denied the appellees Colin M. Gourley and his parents, Michael J. Gourley and Lisa A. Gourley, equal protection of the law and a right to a ju... More...

$1250000 (05-16-2003 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/03/03/021828P.pdf" target="_new">Vicky Meyers v. Health & Human Services</a>

Vicky Meyers worked as a Protection and Safety Worker for the State of Nebraska Department of Health and Human Services (HHS) from May 29, 1998, until she resigned on May 9, 2000. For most of that time Meyers was an "ongoing" case worker, meaning she monitored children in the care of HHS over the long term. Meyers was part of each child's Treatment Team that made placement and treatment recom... More...

$0 (03-28-2003 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/02/11/013454P.pdf" target="_new">Robert Lynn Cook v. Maher K. Tadros</a>

Robert Cook is a tenured Associate Professor of Engineering in the College of Engineering and Technology, in the Department of Construction Systems Technology (CST), at the University of Nebraska in Lincoln, Nebraska (UNL). He has been employed at the University since 1986. Maher Tadros became the interim chair of the CST department in January 1999 and as such was Cook's immediate supervisor. ... More...

$0 (11-25-2002 - NE)

<a href="http://court.nol.org/opinions/2002/july/july26/s00-573.htm" target="_new">Wasikowski v. Nebraska Quality Jobs Board</a>

The Nebraska Quality Jobs Board (the Board); Board members E. Benjamin Nelson, David Heineman, and Dennis Jorgensen; the Nebraska Department of Revenue and the State Tax Commissioner, M. Berri Balka (collectively the State defendants); and Nebraska Beef, Inc., and Nebraska Beef, Ltd., appeal from the district court’s order (1) voiding the Board’s approval of Nebraska Beef, Ltd.’s... More...

$0 (08-02-2002 - NE)

<a href="http://court.nol.org/opinions/2002/july/july12/s01-475.htm" target="_new">Gary Richmond v. Kelly Case</a>

This is a civil action in which Gary Richmond sought declaratory and injunctive relief as well as money damages from Kelly Case, an employee of the Nebraska Department of Health and Human Services (DHHS). Richmond alleged that Case engaged in "the unauthorized practice of law" and deprived him of his constitutional rights under color of state law in obtaining the relinquishment of his parental ri... More...

$0 (07-12-2002 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/02/05/013348U.pdf" target="_new">Daniel H. Nee v. William Byrne</a>

After his termination as the head men’s basketball coach for the University of Nebraska-Lincoln, Daniel H. Nee brought this diversity action against the University’s athletic director, William Byrne, alleging Byrne defamed Nee and interfered with Nee’s employment contract. In his answer, Byrne raised the affirmative defense of immunity under the Eleventh Amendment and Nebrask... More...

$0 (05-29-2002 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/02/04/011948P.pdf" target="_new">Omni Behavioral v. Steven Miller</a>

Omni Behavioral Health ("Omni") appeals the district court's1 order granting Detective Steven Miller's ("Miller") motion for summary judgment based on qualified immunity, and dismissing Omni's Fair Housing Act and section 1983 claims. For the reasons discussed below, we affirm.I. BACKGROUNDOmni is a non-profit corporation that provides foster care services to wards of the State of Nebrask... More...

$0 (04-02-2002 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/01/08/002946P.pdf" target="_new">Rita Carroll v. Fredrick W. Pfeffer</a>

Rita Carroll appeals the district court's 1 adverse grant of summary judgment in her 42 U.S.C. § 1983 action against Fredrick Pfeffer, a police officer in Omaha, Nebraska. We affirm. Carroll filed a lawsuit against Officer Pfeffer for his conduct which she alleges was in retaliation for her complaints to city and police officials about an altercation between Officer Pfeffer and Carroll's ... More...

$0 (08-23-2001 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/01/08/003945P.pdf" target="_new">Jerry Turpin v. County of Rock, Nebraska</a>

Civil case - Section 1983. In civil rights action claiming police officers violated plaintiff's rights by making false representations in a search warrant application, subsequent state court finding that search warrant was invalid cannot be used offensively against the arresting officers in the civil rights action because the officers were not parties to the state court proceedings and did not hav... More...

$0 (08-21-2001 - NE)