For purposes of the Political Subdivisions Tort Claims Act
and sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the context
otherwise requires:
(1) Political subdivision shall include villages, cities of
all classes, counties, school districts, learning
communities, public power districts, and all other units of local
government, including entities created pursuant to the Interlocal Cooperation
Act or Joint Public Agency Act. Political subdivision shall not be construed
to include any contractor with a political subdivision;
(2) Governing body shall mean the village board of a village,
the city council of a city, the board of commissioners or board of supervisors
of a county, the board of directors of a public power district, the governing
board or other governing body of an entity created pursuant to the Interlocal
Cooperation Act or Joint Public Agency Act, and any duly elected or appointed
body holding the power and authority to determine the appropriations and expenditures
of any other unit of local government;
(3) Employee of a political subdivision shall mean any one
or more officers or employees of the political subdivision or any agency of
the subdivision and shall include members of the governing body, duly appointed
members of boards or commissions when they are acting in their official capacity,
volunteer firefighters, and volunteer rescue squad personnel. Employee shall
not be construed to include any contractor with a political subdivision; and
(4) Tort claim shall mean any claim against a political subdivision
for money only on account of damage to or loss of property or on account of
personal injury or death, caused by the negligent or wrongful act or omission
of any employee of the political subdivision, while acting within the scope
of his or her office or employment, under circumstances in which the political
subdivision, if a private person, would be liable to the claimant for such
damage, loss, injury, or death but shall not include any claim accruing before
January 1, 1970.
Notes of Decisions
Cited in
65
cases (
19 in the last 5 years), 1989–2025 · leading case:
Edwards v. Douglas Cnty., 308 Neb. 259 (Neb. 2021).
Edwards v. Douglas Cnty., 308 Neb. 259 (Neb. 2021).
· cites it 13× “§ 13-910 (7) (Reissue 2012) in the context of the Political Subdivisions Tort Claims Act (PSTCA) provisions of which it is a part, including the definition of “claim” in Neb. Rev. Stat. § 13-903 (4) (Reissue 2012), I conclude that the intentional tort assault exception to the…”
Hatcher v. Bellevue Volunteer Fire Dept., 628 N.W.2d 685 (Neb. 2001).
· cites it 9× “Section 13-903(1) and (3) provide that a political subdivision or an employee of a political subdivision “shall not be construed to include any contractor with a political subdivision.”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015).
· cites it 6× “§ 13-903 ("political subdivision” within the meaning of the PSTCA ' includes school districts; "tort claim” means any claim against political subdivision for money stemming from injury caused by wrongful act of employee of political subdivL ' sion "while acting within the scope…”
Meyer v. Lincoln Police Dep't, 347 F. Supp. 2d 706 (D. Neb. 2004).
· cites it 5× “(3) Any political subdivision of this state, as defined in subdivision (1) of section 13-903, other than a county, city, or village, may be served by personal, residence, or certified mail service upon the chief executive officer, clerk, secretary, or other official whose duty…”
Crown Prods. Co. v. City of Ralston, 567 N.W.2d 294 (Neb. 1997).
· cites it 4× “As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in section 13-903, the claimant shall file such claim within ninety days of the accrual of the claim in the office of the city clerk.”
Rauscher v. City of Lincoln, 691 N.W.2d 844 (Neb. 2005).
· cites it 2× “In order to maintain an action for a claim, other than a tort claim as defined in section 13-903, it shall be necessary, as a condition precedent, that the claimant file such claim within one year of the accrual thereof, in the office of the city clerk, or other official whose…”
Niemoller v. City of Papillion, 752 N.W.2d 132 (Neb. 2008).
· cites it 4× “That statute applies to cities of the first class, and provides in part that la's a condition precedent to maintaining an action for a claim, other than a tort claim as defined in section 13-903, the claimant shall file such claim within ninety days of the accrual of the claim…”
Stagemeyer v. Cnty. of Dawson, NE., 205 F. Supp. 2d 1107 (D. Neb. 2002).
· cites it 4× “wrongful act or omission of any employee of the political subdivision, while acting within the scope of his or her office or employment, under circumstances in which the political subdivision, if a private person, would be liable to the claimant for such damage_” Neb.Rev.Stat.…”
Hilt v. Douglas Cty. Bd. of Equal., 30 Neb. Ct. App. 425 (Neb. Ct. App. 2021).
· cites it 8× “Neb. Rev. Stat. § 13-903 (1) (Reissue 2012) defines “[p]oliti- cal subdivision[s]” as including “villages, cities of all classes, counties, school districts, learning communities, public power districts, and all other units of local government, including entities created…”
Williams v. State, 967 N.W.2d 677 (Neb. 2021).
· cites it 2× “Supreme Court in this regard, and reading the text of § 81-8,219(4) and its counterpart § 13-910(7) in the context of the STCA and PSTCA of which they are respectively a part, including the definition of “claim” in § 81-8,219(4) and simi- larly the definition of “claim” in Neb.…”
Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
“7 See § 13-903(1). See, also, Salts v. Lancaster Cty.”
— Neb. Rev. Stat. § 13-903(1) — 14 cases
Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
“7 See § 13-903(1). See, also, Salts v. Lancaster Cty.”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015).
“§ 13-903 ("political subdivision” within the meaning of the PSTCA ' includes school districts; "tort claim” means any claim against political subdivision for money stemming from injury caused by wrongful act of employee of political subdivL ' sion "while acting within the scope…”
— Neb. Rev. Stat. § 13-903(1)(2) — 1 case
Meyer v. Lincoln Police Dep't, 347 F. Supp. 2d 706 (D. Neb. 2004).
“(3) Any political subdivision of this state, as defined in subdivision (1) of section 13-903, other than a county, city, or village, may be served by personal, residence, or certified mail service upon the chief executive officer, clerk, secretary, or other official whose duty…”
— Neb. Rev. Stat. § 13-903(2) — 1 case
— Neb. Rev. Stat. § 13-903(3) — 4 cases
Hatcher v. Bellevue Volunteer Fire Dept., 628 N.W.2d 685 (Neb. 2001).
“Section 13-903(1) and (3) provide that a political subdivision or an employee of a political subdivision “shall not be construed to include any contractor with a political subdivision.”
Edwards v. Douglas Cnty., 308 Neb. 259 (Neb. 2021).
“§ 13-910 (7) (Reissue 2012) in the context of the Political Subdivisions Tort Claims Act (PSTCA) provisions of which it is a part, including the definition of “claim” in Neb. Rev. Stat. § 13-903 (4) (Reissue 2012), I conclude that the intentional tort assault exception to the…”
Hilt v. Douglas Cty. Bd. of Equal., 30 Neb. Ct. App. 425 (Neb. Ct. App. 2021).
“Neb. Rev. Stat. § 13-903 (1) (Reissue 2012) defines “[p]oliti- cal subdivision[s]” as including “villages, cities of all classes, counties, school districts, learning communities, public power districts, and all other units of local government, including entities created…”
— Neb. Rev. Stat. § 13-903(4) — 11 cases
Edwards v. Douglas Cnty., 308 Neb. 259 (Neb. 2021).
“§ 13-910 (7) (Reissue 2012) in the context of the Political Subdivisions Tort Claims Act (PSTCA) provisions of which it is a part, including the definition of “claim” in Neb. Rev. Stat. § 13-903 (4) (Reissue 2012), I conclude that the intentional tort assault exception to the…”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015).
“§ 13-903 ("political subdivision” within the meaning of the PSTCA ' includes school districts; "tort claim” means any claim against political subdivision for money stemming from injury caused by wrongful act of employee of political subdivL ' sion "while acting within the scope…”
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