Nebraska Revised Statute 81-8,209
State Tort Claims Act; purpose.
The State of Nebraska shall not be liable for the torts of its officers, agents, or employees, and no suit shall be maintained against the state, any state agency, or any employee of the state on any tort claim except to the extent, and only to the extent, provided by the State Tort Claims Act. The Legislature further declares that it is its intent and purpose through such act to provide uniform procedures for the bringing of tort claims against the state or an employee of the state and that the procedures provided by such act shall be used to the exclusion of all others.
- Laws 1969, c. 756, § 1, p. 2845;
- Laws 1988, LB 864, § 19;
- Laws 1989, LB 541, § 1.
A state officer or employee cannot be sued in his or her individual capacity for negligence claims arising out of actions performed while acting within the scope of his or her office or employment. Davis v. State, 297 Neb. 955, 902 N.W.2d 165 (2017).
On an appeal from a judgment rendered in an action brought under the State Tort Claims Act, the findings of the trial court will not be disturbed unless clearly wrong. Sharkey v. Board of Regents of Univ. of Neb., 260 Neb. 166, 615 N.W.2d 889 (2000).
A district court's findings of fact in a proceeding under the State Tort Claims Act will not be set aside unless such findings are clearly erroneous. Goodenow v. State Dept. of Corr. Servs., 259 Neb. 375, 610 N.W.2d 19 (2000).
On an appeal from a judgment rendered in an action brought under the State Tort Claims Act, the findings of the trial court will not be disturbed unless clearly wrong. Talle v. Nebraska Dept. of Soc. Servs., 253 Neb. 823, 572 N.W.2d 790 (1998); Anderson by and through Anderson/Couvillon v. Nebraska Dept. of Soc. Servs., 253 Neb. 813, 572 N.W.2d 362 (1998).
An entity consisting of specifically named counties, created by the Legislature to carry out a state policy of providing services to the mentally retarded, governed by a board consisting of members of the county boards of supervisors or commissioners, supported by funds from the state or participating counties, and lacking the requisites of a political subdivision, is a state agency within the meaning of the State Tort Claims Act. Roggasch v. Region IV Ofc. of Developmental Dis., 228 Neb. 636, 423 N.W.2d 771 (1988).
The state's conduct in maintaining its highways falls squarely within the purview of these sections. Bean v. State, 222 Neb. 202, 382 N.W.2d 360 (1986).
The Nebraska State Tort Claims Act, sections 81-8,209 to 81-8,235, does not apply to any claim which is covered by the Nebraska Workmen's Compensation Act, section 48-101 et seq. Johnston v. State, 219 Neb. 457, 364 N.W.2d 1 (1985).
Board of Regents of State University is a State Agency, and tort claims against the Board must be brought under the Tort Claims Act, by suit filed in District Court for Lancaster County. Catania v. The University of Nebraska, 204 Neb. 304, 282 N.W.2d 27 (1979).
The Tort Claims Act applies to claims for money only. Czarnick v. Loup River P.P. Dist., 190 Neb. 521, 209 N.W.2d 595 (1973).
Under the State Tort Claims Act, a litigant is not authorized to bring suit against the State for alleged negligence in failing to revoke a day-care license issued by the Department of Health and Human Services. Pittman v. State, 5 Neb. App. 342, 558 N.W.2d 600 (1997).