Wizinsky v. StateAnnotate this Case
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's 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.