Amend v. Nebraska Public Service CommissionAnnotate this Case
The Supreme Court affirmed the order of the district court dismissing Appellants’ complaint alleging that the Nebraska Public Service Commission (PSC) negligently failed to enforce Nebraska statutes and regulations against Pierce Grain Elevator, Inc. (PEI). The complaint was filed under Nebraska’s State Tort Claims Act (STCA). In dismissing the complaint, the district court concluded that Appellants’ suit was barred by the STCA’s discretionary function exception provided in Neb. Rev. Stat. 81-8,219(1). The Supreme Court affirmed the district court’s determination that it lacked subject matter jurisdiction over the case, holding that Appellants’ claims were grounded in a state agency’s alleged failure to suspend or revoke a license and that the Legislature has preserved sovereign immunity for such conduct.