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Kelley v. State

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Friday, February 7, 2014

A-13-0446, Anthony and Arva Kelley, individually and as Guardian and Next Friend on behalf of the minor children, Ashley, Anthony, Ali, Anika, Aliyahh, Alesha and Antrel Kelley (Appellants) v. State of Nebraska, Department of Health and Human Services, Jennifer Holt, Kee-Sha Adams-Parks, David Hammer, Abby Bowers, Sandy Thompson, Tonya Beckenhauer, Abby Maack, Jessica Hatfield, Charlie Bennett, Nate Jameson, Julie Bolte, Kirsten Wieman, Brian Jacobsen, Shawna Keller, Kerry Ropte, Richard Bollerup (GAL), Nancy Montanez, Todd Reckling, and Chris Peterson (Appellees)

Douglas County, Judge J. Russell Derr

Attorneys: John L. Jelkin (Attorney General’s Office) --- Amy Sherman (Appellants)

Civil: 42 U.S.C. § 1983

Proceedings below: On July 20, 2012, the district court granted the State’s motion for summary judgment against Appellants’ remaining causes of action that had not been previously dismissed, based on Sovereign Immunity, lack of standing to sue, and mootness.

Issues: 1. The Court erred in granting the Defendants' NDHHS and the employees Motions to

Dismiss on the basis of failure to properly serve the NDHHS and the employees. 2. The Court erred in finding that the State was shielded from liability on the basis of immunity-sovereign, absolute, qualified and statutory immunity. To the extent that the trial court determined that the NDHHS was also entitled to immunity this was error as well. 3. The Court erred in failing to find any exception to immunity protection. 4. The Court erred in finding that the Kelleys' claims related to the unconstitutionality of Neb. Rev. Stat.§ 43-283.01 and Neb. Rev. Stat. § 43-1312 were moot, that the Kelleys lacked standing and in dismissing those claims.

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