Roe v. Nebraska, No. 15-3680 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against Nebraska and others, alleging negligence, unlawful taking of property for public use under Nebraska law, and a deprivation of federal rights under 42 U.S.C. 1983, after his true name and picture mistakenly appeared on the Nebraska State Patrol's online sex offender registry. The Eighth Circuit held that even if plaintiff's pleading was sufficient to state a claim of negligence against defendants, his claim was barred by the two-year statute of limitations of the Nebraska State Tort Claims Act; plaintiff's claim of unlawful takings failed because he did not allege that any property was taken or damaged for public use; the district court properly dismissed under Rule 12(b)(1) the official-capacity claims and the claim against the State as they were pleaded; and the district court properly dismissed the section 1983 claims against the state employees in their individual capacities because a mistake or lack of due care by state employees in a particular circumstance did not establish invidious or irrational treatment that could violate the Equal Protection Clause. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Beam and Gruender, Circuit Judges] Civil case - Civil rights. In action alleging defendants committed a tort and violated his civil rights by erroneously listing him on its public sex offender registry in 2010, the district court correctly determined the tort claim was untimely; plaintiff failed to properly plead an unlawful takings of property under Nebraska law, and the court properly dismissed his takings claim; the district court properly dismissed plaintiff's official-capacity Section 1983 claims, as well as his claims against unnamed state employees in their individual capacities.
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