(1) A claimant under the Nebraska Claims for Wrongful Conviction
and Imprisonment Act shall recover damages found to proximately result from
the wrongful conviction and that have been proved based upon a preponderance
of the evidence.
(2) The following
costs shall not offset damages:
(a) Costs of imprisonment; and
(b) Value of
any care or education provided to the claimant while he or she was imprisoned.
(3) No damages
shall be payable to the claimant for any period of time during which he or
she was concurrently imprisoned for any unrelated criminal offense.
(4) In no case shall
damages awarded under the act exceed five hundred thousand dollars per claimant
per occurrence.
(5)
A claimant's cause of action under the act shall not be assignable and shall
not survive the claimant's death.
Notes of Decisions
Cited in
1
case, 2014–2014 · leading case:
Dean v. State (Neb. 2014).
Dean v. State (Neb. 2014).
· cites it 3× “The Act specifically provides that a claim brought pursuant to its provisions “shall be filed under the State Tort Claims Act,”30 which defines “tort claim” as a claim against the State “for money only on account of damage to or loss of property or on account of personal injury…”
— Neb. Rev. Stat. § 29-4604(1) — 1 case
Dean v. State (Neb. 2014).
“The Act specifically provides that a claim brought pursuant to its provisions “shall be filed under the State Tort Claims Act,”30 which defines “tort claim” as a claim against the State “for money only on account of damage to or loss of property or on account of personal injury…”
— Neb. Rev. Stat. § 29-4604(2) — 1 case
Dean v. State (Neb. 2014).
“The Act specifically provides that a claim brought pursuant to its provisions “shall be filed under the State Tort Claims Act,”30 which defines “tort claim” as a claim against the State “for money only on account of damage to or loss of property or on account of personal injury…”
— Neb. Rev. Stat. § 29-4604(4) — 1 case
Dean v. State (Neb. 2014).
“The Act specifically provides that a claim brought pursuant to its provisions “shall be filed under the State Tort Claims Act,”30 which defines “tort claim” as a claim against the State “for money only on account of damage to or loss of property or on account of personal injury…”
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