Nebraska Revised Statutes

Neb. Rev. Stat. § 28-926 (2026)

Oppression under color of office; penalty

✓ current as of July 2026
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(1) Any public servant or peace officer who, by color of or in the execution of his office, shall designedly, willfully, or corruptly injure, deceive, harm, or oppress any person, or shall attempt to injure, deceive, harm, or oppress any person, commits oppression under color of office, and shall be answerable to the party so injured, deceived, or harmed or oppressed in treble damages.

(2) Oppression under color of office is a Class II misdemeanor.

Notes of Decisions
Cited in 11 cases, 1986–2019 · leading case: McKenna v. Julian, 763 N.W.2d 384 (Neb. 2009).
McKenna v. Julian, 763 N.W.2d 384 (Neb. 2009). · cites it 7× “In his complaint, McKenna alleged four causes of action: (1) false arrest; (2) unconstitutional seizure; (3) excessive use of force; and (4) oppression under color of office, pursuant to Neb. Rev. Stat. § 28-926 (Reissue 2008). McKenna sought relief in the form of money damages.”
Stagemeyer v. Cnty. of Dawson, 192 F. Supp. 2d 998 (D. Neb. 2002). · cites it 12× “Defendants in Individual Capacities (Oppression Claim) Plaintiffs’ Fifth Cause of Action attempts to allege a violation of Neb.Rev. Stat. Ann. § 28-926 (Michie 1995).”
Stagemeyer v. Cnty. of Dawson, NE., 205 F. Supp. 2d 1107 (D. Neb. 2002). · cites it 12× “Oppression Claim Plaintiffs’ Fifth Cause of Action attempts to allege a violation of Neb.Rev. Stat. Ann. § 28-926 (Michie 1995).”
Cole v. Wilson, 661 N.W.2d 706 (Neb. Ct. App. 2003). · cites it 29× “INTRODUCTION Frankie Levi Cole filed a petition for damages under Neb. Rev. Stat. § 28-926 (Reissue 1995) against Brian Wilson, James T.”
LaBenz Trucking, Inc. v. Snyder, 519 N.W.2d 259 (Neb. 1994). · cites it 14× “” On October 19, 1992, plaintiffs filed suit against Snyder pursuant to Neb. Rev. Stat. § 28-926 (Reissue 1989), which provides that any public servant who by color of his office willfully harms any person shall be answerable in treble damages.”
Scott v. Mattingly, 488 N.W.2d 349 (Neb. 1992). · cites it 4× “§§ 1983 to 1988 (1988) and Neb. Rev. Stat. §§ 28-926 (Reissue 1989) and 20-148 (Reissue 1991) against the defendants-appellees, the State of Nebraska, the State of Nebraska Department of Health, the State of Nebraska Bureau of Examining Boards, and various individuals, both…”
Dennes v. Dunning, 719 N.W.2d 737 (Neb. Ct. App. 2006). · cites it 4× “Dennes sought judgment against the various defendants on the basis of Neb. Rev. Stat. § 28-926 (Reissue 1995); 42 U.”
Matrisciano v. Bd. of Educ. of Brady Sch. Dist. No. 6, 459 N.W.2d 230 (Neb. 1990). · cites it 2× “Cause of action IV prayed for damages for oppression under color of office, in violation ofNeb. Rev. Stat. § 28-926 (Reissue 1989). On March 14, the trial court granted a temporary injunction restraining the board from holding the hearing that had been scheduled for that day and…”
Wichman v. Naylor, 487 N.W.2d 291 (Neb. 1992). · cites it 2× “In his petition, Wichman asserts that there “is no justifiable penological reason or security interest in denying [Wichman] the right to send his personal religious articles to approved persons outside the prison” and contends that Naylor has “designedly, willfully and corruptly…”
Liles v. Reagan, 625 F. Supp. 1470 (D. Neb. 1986). · cites it 10× “§ 1983 (Count 2) and oppression under color of office pursuant to Neb.Rev. Stat. § 28-926 (Counts 1 and 3).”
Haller v. Cnty. of Dundy, Nebraska (D. Neb. 2019). · cites it 2× “4 See Neb. Rev. Stat. § 28-926 (“Any public servant or peace officer who, by color of or in the execution of his office, shall designedly, willfully, or corruptly injure, deceive, harm, or oppress any person, or shall attempt to injure, deceive, harm, or oppress any person,…”
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