Doe v. State
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The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's tort action against the State of Nebraska, the Nebraska Department of Correctional Services (DCS) and its director, and the Nebraska State Patrol (NSP), holding that the State had not waived its its sovereign immunity with respect to Plaintiff's claim.
Plaintiff filed this negligence action alleging "Negligent Disclosure and Review of Sealed Records" alleging that NSP negligently disclosed Plaintiff's sealed criminal history records to DCS in violation of Neb. Rev. Stat. 29-3523. The district court dismissed the complaint, in its entirety, for lack of subject matter jurisdiction. The Supreme Court affirmed, holding (1) Plaintiff failed to allege a tort claim as that term is defined in the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235; and (2) therefore, the State did not waive its sovereign immunity with respect to Plaintiff's claim.
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