Holloway v. State (15)

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Holloway v. State (15)

Case Number
Call Date
January 6, 2016
Court Number
Case Summary

S-15-0280 Shamecka Holloway (Appellant) v. State of Nebraska; Department of Corrections; Robert Houston, Retired Director, in his official and individual capacities; Cameron White, Behavioral Health Administrator for the Nebraska Department of Corrections, in his official and individual capacities, Correct Care Solutions, LLC, and Dr. Randy Kohl, in his official and individual capacity

Douglas County, Judge J. Russell Derr

Attorneys: Terrence J. Salerno, Danny C. Leavitt (for Appellant) --- Jonathan J. Papik, Andrew D. Strotman (Cline Williams Wright Johnson & Oldfather LLP) (for Correct Care Solutions, LLC) --- Douglas J. Peterson, David A. Lopez, Ryan S. Post (Attorney General's Office for State of Nebraska, Houston, White and Kohl) and Andrew T. Lagrone (Senior Certified Law Student, on brief)

Civil: Negligence; Political State Tort Claims Act

Proceedings below: The district court found the Department of Correctional Services had not waived its immunity and was protected by the discretionary function exception of the Political State Tort Claims Act. The court thus sustained the Appellees' motion to dismiss. Appellees filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: (l) The district court erred by granting the Appellees' Motions to Dismiss. (2) The district court erred in failing to allow Holloway's case to proceed with discovery. (3) The district court erred in finding that the discretionary function exception was applicable. (4) The district court erred in determining that the state employees exercised due care in the performance of their duties. (5) The district court erred when it concluded that the dismissal of the direct action against Dr. Natalie Baker precluded an action based upon respondeat superior against her employer.