Neb. Rev. Stat. » Chapter 13
Nebraska Revised Statutes

Neb. Rev. Stat. § 13-906 (2026)

Civil suit; when permitted

✓ current as of July 2026
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No suit shall be permitted under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 unless the governing body of the political subdivision has made final disposition of the claim, except that if the governing body does not make final disposition of a claim within six months after it is filed, the claimant may, by notice in writing, withdraw the claim from consideration of the governing body and begin suit under such act and sections.

Notes of Decisions
Cited in 31 cases (9 in the last 5 years), 1989–2026 · leading case: Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
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Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007). · cites it 20× “In its answer, the county affirmatively alleged that Schirmer failed to comply with the requirement of § 13-906 because she withdrew her claim from county consideration before 6 months had passed from the date of its filing.”
Big Crow v. City of Rushville, 669 N.W.2d 63 (Neb. 2003). · cites it 22× “Section 13-906 provides: No suit shall be permitted under the Political Subdivisions Tort Claims Act.”
Patterson v. Metro. Util. Dist., 302 Neb. 442 (Neb. 2019). · cites it 5× “The court's order notes that § 13-906 allows a claimant to withdraw his or her claim if the governing body has not made a final disposition of the claim within 6 months after it is filed and that § 13-919(1) **445 bars any lawsuit arising out of a tort claim unless it is begun…”
Weeder v. Cent. Cmty. Coll., 691 N.W.2d 508 (Neb. 2005). · cites it 11× “Neb. Rev. Stat. §13-906 [(Reissue 1997)].”
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990). · cites it 4× “) Neb.Rev.Stat. § 13-905 (Reissue 1987) provides that all tort claims must be filed and acted upon by the political subdivision against which the claim is made.”
Hedglin v. Esch, 25 Neb. Ct. App. 306 (Neb. Ct. App. 2017). · cites it 13× “Under Neb. Rev. Stat. § 13-906 (Reissue 2012) of the Political Subdivisions Tort Claims Act, a claimant must file a tort claim with the governing body of the political subdivi- sion before filing suit.”
Coleman v. Chadron State Coll., 466 N.W.2d 526 (Neb. 1991). · cites it 2× “Although both Neb. Rev. Stat. § 13-906 (Reissue 1987) and § 81-8,213 require that the claim repose for 6 months with a local governing body or the State Claims Board, as the case may be, before it can be withdrawn, the Political Subdivisions Tort Claims Act does not prevent the…”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001). · cites it 2× “See, § 13-906; § 13-919(1). In short, a litigant must first file a claim, and then may bring suit only after the claim is disposed of or withdrawn.”
Brandon v. Cnty. of Richardson, 566 N.W.2d 776 (Neb. 1997). · cites it 4× “Brandon, pursuant to Neb. Rev.Stat. § 13-906 (Reissue 1991), withdrew the above claim.”
Preston Refrigeration v. Omaha Cold Storage, 742 N.W.2d 782 (Neb. Ct. App. 2007). · cites it 5× “2d 63 (2003), that noncompliance with Neb. Rev.Stat. § 13-906 (Reissue 1997) is an affirmative defense which must be pled.”
Bohl v. Buffalo Cnty., 557 N.W.2d 668 (Neb. 1997). · cites it 2× “Neb. Rev. Stat. § 13-906 (Reissue 1991) provides that [n]o suit shall be permitted .”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003). “After the claim was disposed of or withdrawn, pursuant to § 13-906, Keller would have been permitted to either submit a proposed petition to a review panel, or waive such review, pursuant to § 44-2840(3) and *241 (4).”
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