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Wizinsky v. State

Court: Nebraska Supreme Court

Citation: 308 Neb. 778

Opinion Date: April 2, 2021

Judge: Per Curiam

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the district court in favor of the State in this negligence action for damages under Nebraska’s State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 et seq., holding that the State was immune from Plaintiff’s claims under the discretionary function exception of the STCA. Plaintiff was an inmate at the Tecumseh State Correctional Institution during riots that occurred in 2015. In his complaint, Plaintiff, who was in protective custody at the time of the riots, alleged that due to the Department of Correctional Services’ negligence he was improperly commingled with general population inmates and placed at risk, causing the symptoms of his post-traumatic stress disorder to be exacerbated. The district court found in favor of the State. The Supreme Court affirmed, holding that the district court properly concluded that the discretionary function exception to the STCA shielded the State from liability on Plaintiff’s claims.

This case law update is brought to you by Freeway Law, personal injury and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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