Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1416 (2026)

Justification an affirmative defense; available in certain civil actions

✓ current as of July 2026
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(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.

(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1996–2025 · leading case: State v. Ryan, 543 N.W.2d 128 (Neb. 1996).
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State v. Ryan, 543 N.W.2d 128 (Neb. 1996). · cites it 6× “If malice is not read into § 28-304(1), these individuals carrying out state duties would be in violation of that statute unless the statute is properly construed. If malice is not read into § 28-304(1), individuals who commit legal acts, though punishable under the statute,…”
State v. Kinser, 567 N.W.2d 287 (Neb. 1997). · cites it 2× “See Neb. Rev. Stat. § 28-1416 (1) (Reissue 1995).”
Dugan v. Sorensen, 319 Neb. 326 (Neb. 2025). · cites it 4× “Neb. Rev. Stat. § 28-1416 (Reissue 2016) provides that justi- fication is an affirmative defense in criminal prosecutions, and it also states that justification “shall be available in any civil action for assault and battery or intentional wrongful death, and, where applicable,…”
State v. Owens, 601 N.W.2d 231 (Neb. 1999). · cites it 2× “§ 28-1409 (1) (Reissue 1995), “[T]he use of force upon or toward another person is justifiable when the actor believes such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”
State v. Owens, 589 N.W.2d 867 (Neb. Ct. App. 1999). · cites it 2× “[T]he use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”
Chelsea K. on behalf of Carsyn R. v. Franklyn R. (Neb. Ct. App. 2025). · cites it 3× “Next, Franklyn assigns that the district court erred in not considering his actions privileged as self-defense.”
— Neb. Rev. Stat. § 28-1416(1) — 1 case
State v. Ryan, 543 N.W.2d 128 (Neb. 1996). “If malice is not read into § 28-304(1), these individuals carrying out state duties would be in violation of that statute unless the statute is properly construed. If malice is not read into § 28-304(1), individuals who commit legal acts, though punishable under the statute,…”
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