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Kelley v. Department of Health and Human Services

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Friday, February 7, 2014

S-12-0736, Anthony Kelley and Arva Kelley, individually and as guardians and next friends on behalf of their minor children Ashley Kelley, Anthony Kelley, Ali Kelley, Anika Kelley, Aliyahh Kelley, Alesha Kelley, and Antrel Kelley [appellants] v. Nebraska Department of Health and Human Services, Jennifer Holt, Keesha 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, Nancy Montanez, Todd Reckling, Chris Peterson (all in their official and individual capacities), and Richard Bollerup.

Douglas County, Honorable J. Russell Derr

Attorneys: Amy Sherman (Sherman and Gilner) for appellants; Monica Green Kruger for appellee Bollerup; John Bruning and John L. Jelkin (AG) for remaining appellees.

Civil: Action under 28 U.S.C. § 1983

Proceedings below: District court granted appellees’ motion to dismiss, finding appellees had qualified and absolute immunity and that the appellants failed to state a claim upon which relief could be granted.

Issues: Did the district court err in 1) granting the motion to dismiss, 2) finding the appellees were shielded from liability on the basis of sovereign, absolute, qualified, and statutory immunity, 3) failing to find any exception to immunity protection, 4) finding appellants failed to plead their constitutional rights were violated, 5) finding appellants’ claims were barred by the statute of limitations, or 6) holding appellants’ claims were based in tort?



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