Moser v. State
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The Supreme Court affirmed the order of the district court dismissing Appellant's personal injury suit, albeit under different grounds for immunity than those relied upon by the district court, holding that the State had immunity from suit under the intentional tort exception.
Terry Berry was fatally strangled by another prison inmate. Appellant, the personal representative of Berry's estate, filed this suit against the State alleging negligence and wrongful death on the part of the Nebraska Department of Correctional Services. Specifically, the complaint alleged that Berry's death was negligently caused by the State's violation of its duties and its formal regulations. The district court dismissed the complaint, concluding that Neb. Rev. Stat. 81-8,219(4) barred Plaintiff's claim. The Supreme Court affirmed, holding that the State had immunity under the intentional tort exception to the STCA, as set forth in section 81-8,219(4).
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