Rouse v. State of Nebraska

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Rouse v. State of Nebraska

Case Number
S-18-0129
Call Date
October 31, 2018
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-18-0129, Roy J. Rouse (Appellant) v. State of Nebraska, Dept. of Correctional Services, Scott Frakes, Fred Britten, and Cp. Jimenez (Appellees)

Lancaster County District Court, Judge Kevin R. McManaman

Attorneys: Roy J. Rouse, pro se (Appellant) --- David A. Lopez (Office of the Attorney General) (Appellee)

Civil: Nebraska State Tort Claims Act

Proceedings below: The trial court first disposed of the claims against the individual capacity defendants and found the Nebraska State Tort Claims Act barred the Appellant’s negligence claim against them in their individual capacities. The trial court then dismissed the Appellant’s negligence claim based on the detention of goods exception and found that it covers correctional officers and bars actions based upon a claim that prison officials negligently caused the loss of an inmate’s property. Appellee filed petition to bypass, which was granted by the Supreme Court.

Issues: Whether the district court erred in finding that Appellees are entitled to the protections of sovereign immunity under the Nebraska State Tort Claims Act.