Nebraska Revised Statutes
Neb. Rev. Stat. § 23-2409 (2026)
Transferred to section 13-910
✓ current as of July 2026
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23-2409.
Transferred to section 13-910.
Notes of Decisions
Cited in 10
cases, 1974–1989 · leading case: Owen v. City of Indep., 445 U.S. 622 (1980).
Owen v. City of Indep., 445 U.S. 622 (1980). “§§ 2-9-103 , 2-9-111, 2-9-112 (1979); Neb. Rev. Stat. §§ 23-2409 (1), (2) (1977); Nev.”
Allen v. Cnty. of Lancaster, 352 N.W.2d 883 (Neb. 1984). “Section 23-2409 sets out the exclusions from the Political Subdivisions Tort Claims Act.”
Koepf v. Cnty. of York, 251 N.W.2d 866 (Neb. 1977). “Defendant York County asserts that it is immune from suit for alleged negligent acts of the welfare department on two grounds both founded on section 23-2409, R. R. S. 1943: (1) That the claim of the plaintiff arises out of assault and battery; and (2) that the acts of the…”
Sec. Inv. Co. v. State, 437 N.W.2d 439 (Neb. 1989). “Department of Agriculture concerning brucellosis examination and reporting, requiring the State to notify the owner of any herd discovered, through State testing, to be exposed to brucellosis. The State discovered brucellosis in a herd owned by Peddicord, a cattle rancher.”
Whitney v. City of Worcester, 366 N.E.2d 1210 (Mass. 1977). “03 (6) (West 1963); Neb. Rev. Stat. §23-2409 (2) (1974), and § 81-8219 (1) (a) (1976); Nev.”
Nash v. City of North Platte, 255 N.W.2d 52 (Neb. 1977). “The defendant City of North Platte, by way of answer, alleged first that the claim against the city was barred by the operation of the Political Subdivisions Tort Claims Act, specifically section 23-2409 (3), R. R. S. 1943. The provisions of this act shall not apply to: “(3) Any…”
Maple v. City of Omaha, 384 N.W.2d 254 (Neb. 1986). “) Limitations are found in § 23-2409 which exclude acts based on the execution of a statute, discretionary functions, assessment or collection of taxes, establishment of a quarantine, or assault and battery.”
Hutmacher v. City of Mead, 430 N.W.2d 276 (Neb. 1988). “The Hutmachers claim the district court erred in accepting either of the city’s asserted bases for the dismissal of their action. We reverse and remand for further proceedings.”
Nash v. City of North Platte, 288 N.W.2d 51 (Neb. 1980). “At the first trial the lower court held the plaintiff’s action was barred by section 23-2409 (3), R. R. S. 1943, of the Political Subdivisions Tort Claims Act.”
Hall v. Abel Inv. Co., 219 N.W.2d 760 (Neb. 1974). “§ 23-2409 (5), R. R. S. 1943. See, also, Jones v.”
— Neb. Rev. Stat. § 23-2409(2) — 1 case
Allen v. Cnty. of Lancaster, 352 N.W.2d 883 (Neb. 1984). “Section 23-2409 sets out the exclusions from the Political Subdivisions Tort Claims Act.”
— Neb. Rev. Stat. § 23-2409(5) — 1 case
Hutmacher v. City of Mead, 430 N.W.2d 276 (Neb. 1988). “The Hutmachers claim the district court erred in accepting either of the city’s asserted bases for the dismissal of their action. We reverse and remand for further proceedings.”
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