Doe v. State of Nebraska

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Doe v. State of Nebraska

Case Number
S-21-0472
Call Date
March 29, 2022
Case Time
9:00 AM
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

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.

Schedule Code
SC