Saylor v. State
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The Supreme Court affirmed the judgment of the district court dismissing Defendant's lawsuit under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, based on a finding that Defendant's action was barred by the doctrine of claim preclusion, holding that claim preclusion applied.
Defendant, an inmate, filed two cases against the State under the STCA. The district court entered two judgments. One judgment dismissed the first action with prejudice as barred by the STCA's statute of limitations and the other dismissed the second action with prejudice because Defendant had failed to comply with the preset claim presentment provisions of the STCA. The Supreme Court affirmed, holding that the district court properly dismissed the second action as barred by claim preclusion because Defendant could have, and should have, brought all of his claims in the first action but failed to do so.
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