Nebraska Revised Statutes

Neb. Rev. Stat. § 47-115 (2026)

Jailer; appointment; oath; liability of sheriff

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his or her office; Provided, the sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.

Notes of Decisions
Cited in 3 cases, 1948–1999 · leading case: Dorrance v. Cnty. of Douglas, 32 N.W.2d 202 (Neb. 1948).
Dorrance v. Cnty. of Douglas, 32 N.W.2d 202 (Neb. 1948). “§ 47-115, R. S. 1943. • It is clearly the intention of the Legislature that the duty of caring for prisoners shall be that of the sheriff or his deputy.”
State v. Parks, 596 N.W.2d 712 (Neb. Ct. App. 1999). · cites it 4× “Neb. Rev. Stat. § 47-115 (Reissue 1998). According to § 47-115, a “jailer” is either the sheriff, a deputy appointed by the sheriff, or the county board of corrections.”
State ex rel. Landanger v. Madison Cnty. Bd. of Commissioners, 327 N.W.2d 93 (Neb. 1982). · cites it 4× “) The use of the phrase “sheriff as jailer” is not mere surplusage, for Neb. Rev. Stat. § 47-115 (Reissue 1978) specifically provides for the position of jailer.”
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