IMMUNITY - NEBRASKA

Edwards v. Douglas County

Supreme Court of Nebraska - January 29, 2021 - N.W.2d - 308 Neb. 259 - 2021 WL 297637

Victim, who was held hostage and sexually assaulted by her former boyfriend, brought action against county under Political Subdivisions Tort Claims Act (PSTCA), alleging county negligently handled emergency telephone calls and, as a result, emergency personnel did not arrive in time to prevent or stop the assault.

The District Court entered summary judgment for county. Victim appealed.

The Supreme Court held that victim’s claim fell within PSTCA’s intentional torts exception and, thus, city did not waive its sovereign immunity.

Negligence claim brought against county by victim arose when she was held hostage and sexually assaulted by her former boyfriend and, thus, claim fell within intentional torts exception to Political Subdivisions Tort Claims Act (PSTCA), and county did not waive its sovereign immunity; although victim alleged county negligently mishandled emergency telephone calls and, as a result, emergency personnel did not arrive in time to prevent or stop the assault, all of her claimed damages stemmed from former boyfriend’s assault.



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