S-21-0472 John Doe (Appellant) v. State of Nebraska; Nebraska Department of Correctional Services; Scott Frakes, in capacity as director of Nebraska Department of Correctional Services; Nebraska State Patrol; and Unknown Employees of the State of Nebraska (Appellees)
Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman
Attorneys: Zachary W. Lutz-Priefert (Gross & Welch for Appellant) and James A. Campbell (Solicitor General) (for Appellees)
Criminal: Nebraska State Tort Claims Act and Sealed Records
Proceedings below: The district court dismissed with prejudice Appellant’s negligence lawsuit against the State for wrongful disclosure of Appellant’s sealed criminal records. The State of Nebraska filed a Petition to Bypass the Nebraska Court of Appeals, which was granted.
Issues: Appellant assigns the following errors: 1) the district court erred in finding that sovereign immunity divested the court of jurisdiction and dismissing Mr. Doe’s Amended Complaint; 2) the district court erred in concluding that Appellant did not suffer a “personal injury;” 3) the district court erred in concluding that the Criminal History Act does not create a private tort duty; 4) the district court erred in finding that Mr. Doe’s claims for injunctive relief and expungement were barred by sovereign immunity; and 5) the district court erred in dismissing the Nebraska Department of Correctional Services and Director Scott Frakes from this suit.