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22 Nebraska opinions name it 2 courts 1998–2024 6 in the last five years
The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
King v. Stategreen2 sentences2023See King v. State, 260 Neb. 14 , 614 N.W.2d 341 (2000). 2023See King v. State, 260 Neb. 14 , 614 N.W.2d 341 (2000). | 3 | 3 |
Rouse v. Stategreen2 sentences2023Rouse v. State, 301 Neb. 1037 , 921 N.W.2d 355 (2019). 2023Rouse v. State, 301 Neb. 1037 , 921 N.W.2d 355 (2019). | 1 | 2 |
Johnson v. Stategreen2 sentences2024Applying that principle, Johnson held that even though the prisoner’s claim had been framed as the negligent failure to prevent an assault, the claim fell squarely within the STCA exemption for claims arising from assault, reasoning: “[A plaintiff] cannot avoid the reach of [the assault or battery exemption] by framing her complaint in terms of negligent failure to prevent the assault and battery. [The exemption] does not merely bar claims for assault or battery; in sweeping language it excludes any claim arising out of assault or battery.” 52 We have adhered to the reasoning in Johnson in a l 2024Applying that principle, Johnson held that even though the prisoner’s claim had been framed as the negligent failure to prevent an assault, the claim fell squarely within the STCA exemption for claims arising from assault, reasoning: “[A plaintiff] cannot avoid the reach of [the assault or battery exemption] by framing her complaint in terms of negligent failure to prevent the assault and battery. [The exemption] does not merely bar claims for assault or battery; in sweeping language it excludes any claim arising out of assault or battery.” 52 We have adhered to the reasoning in Johnson in a l | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jill B. & Travis B. v. State
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 3 | 2017–2021 |
Geddes v. York County
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 3 | 2017–2021 |
Meier v. STATE, DEPT. OF SOCIAL SERVICES
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2 sentences2021More to the point, under our mandate of strict construction, the references in the relevant statutes to the final resolution of the matter in the 4 Meier v. State, 227 Neb. 376 , 417 N.W.2d 771 (1988). 5 Id. 6 Id. 7 Moser v. State, 307 Neb. 18 , 948 N.W.2d 194 (2020). 8 Id. 9 Id. - 755 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports IN RE INTEREST OF A.A. 2021More to the point, under our mandate of strict construction, the references in the relevant statutes to the final resolution of the matter in the 4 Meier v. State, 227 Neb. 376 , 417 N.W.2d 771 (1988). 5 Id. 6 Id. 7 Moser v. State, 307 Neb. 18 , 948 N.W.2d 194 (2020). 8 Id. 9 Id. - 755 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports IN RE INTEREST OF A.A. | 2 | 2021–2021 |
Stick v. City of Omaha
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 2 | 2018–2021 |
Hoiengs v. County of Adams
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 2 | 2018–2021 |
Moser v. State
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2 sentences2021More to the point, under our mandate of strict construction, the references in the relevant statutes to the final resolution of the matter in the 4 Meier v. State, 227 Neb. 376 , 417 N.W.2d 771 (1988). 5 Id. 6 Id. 7 Moser v. State, 307 Neb. 18 , 948 N.W.2d 194 (2020). 8 Id. 9 Id. - 755 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports IN RE INTEREST OF A.A. 2021More to the point, under our mandate of strict construction, the references in the relevant statutes to the final resolution of the matter in the 4 Meier v. State, 227 Neb. 376 , 417 N.W.2d 771 (1988). 5 Id. 6 Id. 7 Moser v. State, 307 Neb. 18 , 948 N.W.2d 194 (2020). 8 Id. 9 Id. - 755 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports IN RE INTEREST OF A.A. | 2 | 2021–2021 |
Wiseman v. Keller
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 2 | 1999–2021 |
Salazar v. Scotts Bluff County
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2 sentences2004Salazar v. Scotts Bluff Cty., 266 Neb. 444 , 665 N.W.2d 659 (2003). 2004Salazar v. Scotts Bluff Cty., 266 Neb. 444 , 665 N.W.2d 659 (2003). | 2 | 2004–2004 |
Woollen v. State
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2 sentences2001See, King v. State, 260 Neb. 14 , 614 N.W.2d 341 (2000); Woollen v. State, 256 Neb. 865 , 593 N.W.2d 729 (1999). 2001See, King v. State, 260 Neb. 14 , 614 N.W.2d 341 (2000); Woollen v. State, 256 Neb. 865 , 593 N.W.2d 729 (1999). | 2 | 2000–2001 |
United States v. Shearer
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2 sentences2024Applying that principle, Johnson held that even though the prisoner’s claim had been framed as the negligent failure to prevent an assault, the claim fell squarely within the STCA exemption for claims arising from assault, reasoning: “[A plaintiff] cannot avoid the reach of [the assault or battery exemption] by framing her complaint in terms of negligent failure to prevent the assault and battery. [The exemption] does not merely bar claims for assault or battery; in sweeping language it excludes any claim arising out of assault or battery.” 52 We have adhered to the reasoning in Johnson in a l 2024Applying that principle, Johnson held that even though the prisoner’s claim had been framed as the negligent failure to prevent an assault, the claim fell squarely within the STCA exemption for claims arising from assault, reasoning: “[A plaintiff] cannot avoid the reach of [the assault or battery exemption] by framing her complaint in terms of negligent failure to prevent the assault and battery. [The exemption] does not merely bar claims for assault or battery; in sweeping language it excludes any claim arising out of assault or battery.” 52 We have adhered to the reasoning in Johnson in a l | 1 | 2024–2024 |
Beatrice Manor, Inc. v. Department of Health
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Anstine v. State, Department of Banking & Receivership Division
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Frye v. Sibbitt
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Rumbel v. Ress
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Gentry v. State
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Rumbel v. Ress
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Brown v. State
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Reiber v. County of Gage
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2 sentences2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov 2021Stat. §§ 81-8 ,209 to 81-8,235 (Reissue 2014). 20 See, Moser, supra note 3 ; Amend, supra note 9 . 21 Moser, supra note 3 . - 268 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports EDWARDS v. DOUGLAS COUNTY courts have long followed the rule that statutes purporting to waive the protection of sovereign immunity are to be strictly construed in favor of the sovereign and against waiver. 22 As a corollary to this canon of construction, and in order to strictly construe the PSTCA against a waiver of sovereign immunity, we apply a broad reading to statutory exemptions from a waiver of sov | 1 | 2021–2021 |
Rutledge v. City of Kimball
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2 sentences2020Dist. 8 As an initial matter, we observe that this court may consider the State’s contention that the exception set forth in § 81-8,219(4) is applicable. 9 We have held that “when a plaintiff’s complaint shows on its face that a claim is barred by one of the exceptions [to the State’s waiver of immunity], the State’s inherent immunity from suit is a jurisdictional issue that an appellate court cannot ignore.” 10 [6,7] It is well settled that statutes that purport to waive the protection of sovereign immunity of the State or its subdivisions are strictly construed in favor of the sovereign and 2020Dist. 8 As an initial matter, we observe that this court may consider the State’s contention that the exception set forth in § 81-8,219(4) is applicable. 9 We have held that “when a plaintiff’s complaint shows on its face that a claim is barred by one of the exceptions [to the State’s waiver of immunity], the State’s inherent immunity from suit is a jurisdictional issue that an appellate court cannot ignore.” 10 [6,7] It is well settled that statutes that purport to waive the protection of sovereign immunity of the State or its subdivisions are strictly construed in favor of the sovereign and | 1 | 2020–2020 |
Aw v. Lancaster County School Dist. 0001
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2 sentences2019Dist. 0001, 280 Neb. 205 , 784 N.W.2d 907 (2010). - 602 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports RUTLEDGE v. CITY OF KIMBALL between Ford and the City; therefore, the intentional torts exception preserves sovereign immunity.28 [13] Statutes that purport to waive the protection of sovereign immunity of the State or its subdivisions are strictly construed in favor of the sovereign and against the waiver.29 While Rutledge’s claim is characterized as one of negligence, no claim would exist but for Ford’s alleged battery. 2019Dist. 0001, 280 Neb. 205 , 784 N.W.2d 907 (2010). - 602 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports RUTLEDGE v. CITY OF KIMBALL between Ford and the City; therefore, the intentional torts exception preserves sovereign immunity.28 [13] Statutes that purport to waive the protection of sovereign immunity of the State or its subdivisions are strictly construed in favor of the sovereign and against the waiver.29 While Rutledge’s claim is characterized as one of negligence, no claim would exist but for Ford’s alleged battery. | 1 | 2019–2019 |
County of Lancaster v. State
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2 sentences2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi 2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi | 1 | 2018–2018 |
Lindsay Internat. Sales & Serv. v. Wegener
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2 sentences2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi 2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi | 1 | 2018–2018 |
Amend v. Nebraska Pub. Serv. Comm.
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1 sentence2018Cite as 298 Neb. 617 exceptions.12 Appellate courts give statutory language its plain and ordinary meaning and will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous.13 [9-11] It is well settled that statutes that purport to waive the State’s protection of sovereign immunity are strictly construed in favor of the sovereign and against the waiver.14 In order to strictly construe against a waiver of sovereign immunity, we broadly read exemptions from a waiver of sovereign immu- nity.15 A waiver of sovereign immunity is found only wh | 1 | 2018–2018 |
Maria T. v. Jeremy S.
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2 sentences2018A waiver of sovereign immunity is found only where stated by the most express language of a statute or by such overwhelming implication from the text as will allow no other reasonable construction. 34 Maria T. v. Jeremy S., 300 Neb. 563 , 915 N.W.2d 441 (2018). 35 Amend, supra note 12 , 298 Neb. at 624, 905 N.W.2d at 557 (emphasis supplied). - 253 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE EX REL. 2018A waiver of sovereign immunity is found only where stated by the most express language of a statute or by such overwhelming implication from the text as will allow no other reasonable construction. 34 Maria T. v. Jeremy S., 300 Neb. 563 , 915 N.W.2d 441 (2018). 35 Amend, supra note 12 , 298 Neb. at 624, 905 N.W.2d at 557 (emphasis supplied). - 253 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE EX REL. | 1 | 2018–2018 |
State ex rel. Rhiley v. Nebraska State Patrol
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1 sentence2018RHILEY v. NEBRASKA STATE PATROL Cite as 301 Neb. 241 State’s sovereign immunity, usually in the context of either the State Tort Claims Act or the Political Subdivisions Tort Claims Act.16 [6-8] In doing so, we have found it well settled that stat- utes that purport to waive the State’s protection of sovereign immunity are strictly construed in favor of the sovereign and against the waiver.17 A waiver of sovereign immunity is found only where stated by the most express language of a statute or by such overwhelming implication from the text as will allow no other reasonable construction.18 Abse | 1 | 2018–2018 |
Jasa Ex Rel. Jasa v. Douglas County
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2 sentences2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi 2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi | 1 | 2018–2018 |
Rohde v. City of Ogallala
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2 sentences2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi 2018Sales & Serv. v. Wegener, 297 Neb. 788 , 901 N.W.2d 278 (2017). 14 Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48 , 825 N.W.2d 204 (2013). 15 Stick v. City of Omaha, 289 Neb. 752 , 857 N.W.2d 561 (2015). 16 Jill B. & Travis B. v. State, 297 Neb. 57 , 899 N.W.2d 241 (2017). 17 Shipley, supra note 12; Lawry, supra note 5 , overruled on other grounds, Davis, supra note 5 ; Jasa v. Douglas County, 244 Neb. 944 , 510 N.W.2d 281 (1994). 18 Rohde v. City of Ogallala, 273 Neb. 689 , 731 N.W.2d 898 (2007). 19 See, County of Lancaster v. State, 247 Neb. 723 , 529 N.W.2d 791 (1995); Hoi | 1 | 2018–2018 |
| Block v. Neal green | 1 | 2017–2017 |
| Keller v. Tavarone green | 1 | 2003–2003 |
| Catania v. University of Nebraska green | 1 | 1998–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.