S-19-1159 John A. Wizinsky (Appellant) v. State of Nebraska
Lancaster County District Court, Hon. Kevin R. McManaman
Attorneys: Joy Shiffermiller (Shiffermiller Law Office, PC, LLO, for Appellant) and Stephanie Caldwell (Office of the Attorney General, for Appellee)
Civil: Nebraska State Tort Claims Act
Proceedings below: The district court decided that Appellant failed to prove that the state was negligent in each of the alleged particulars; had failed to prove causation and damages and found that Appellant’s claim was precluded by the discretionary function exception to the State Tort Claims Act. The district court entered judgment for the State.
Issues on Appeal: Whether the district court erred in finding 1) Appellant failed to prove negligence; 2) that the State did not fail to use reasonable care to protect Appellant from general population inmates; 3) that the State did not fail to use reasonable care to properly staff TSCI and placing inmates at TSCI despite improper staffing of the facility; 4) that it was reasonable to retreat leaving the inmates unescorted; 5) that the response teams were available on call at a reasonable distance from the facility; 6) Appellant failed to prove causation and damages; and 7) that Appellant’s claim was precluded by the discretionary function exception to the State Tort Claims Act.