Baker-Heser v. StateAnnotate this Case
The Supreme Court affirmed the judgment of the judgment of the district court dismissing Plaintiffs' claims against the Nebraska Department of Health and Human Services (DHHS) alleging violations of the Health Care Facility Licensure Act (HCFLA), Neb. Rev. Stat. 71-401 to -476, and granting summary judgment to DHHS on the claims alleging violations of the Nebraska Fair Employment Practice Act (NFEPA), Neb. Rev. Stat. 48-1101 to -1125, holding that there was no error.
Plaintiffs were two former employees of a state hospital who highlighted inadequate record keeping for hospital psychiatrists. Plaintiffs were subsequently fired. Plaintiffs brought this action alleging violations of the NFEPA and the HCFLA. The district court dismissed Plaintiffs' claims based on the HCFLA on sovereign immunity grounds and then granted summary judgment in favor of DHHS on the NFEPA claims. The Supreme Court affirmed, holding (1) because Plaintiffs did not establish that they engaged in protected activity, the district court properly entered summary judgment against them on the NFEPA claims; and (2) because the State did not waive its sovereign immunity to suit under the HCFLA, the court properly dismissed those claims.