Williams v. State
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The Supreme Court affirmed the judgment of the district court granting the State's motion to dismiss Plaintiff's negligence claim based on lack of subject matter jurisdiction, holding that the State was immune from Plaintiff's claims because they arose out of an assault.
Plaintiff, an inmate, claimed that the State was negligent in its handling of security when it placed an inmate who had killed Plaintiff's brother in Plaintiff's housing unit. Plaintiff, afraid for his safety, assaulted the other inmate and was later himself stabbed in retaliation. Plaintiff's negligence claims were brought against the State pursuant to Nebraska's State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235. The district court concluded that the State was immune under the intentional tort exception to the STCA. The Supreme Court affirmed, holding that Plaintiff's claim arose out of an assault and was therefore barred by the intentional tort exception.
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