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D.M. v. State

Court of Appeals of Nebraska

July 14, 2015

D.M., APPELLANT,
v.
STATE OF NEBRASKA ET AL., APPELLEES

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Appeal from the District Court for Douglas County: J. MICHAEL COFFEY, Judge.

Julie A. Jorgensen, of Morrow, Willnauer, Klosterman & Church, L.L.C., for appellant.

Jon Bruning, Attorney General, and David A. Lopez for appellee.

IRWIN, RIEDMANN, and BISHOP, Judges.

OPINION

Page 629

[23 Neb.App. 21] Bishop, Judge.

INTRODUCTION

D.M., previously an inmate at the Omaha Correctional Center (OCC), filed a complaint against the State of Nebraska and the Nebraska Department of Correctional Services (DCS) and against Robert P. Houston, the director of the DCS; John Doe #1 (Doe), an investigator for the DCS; Jim Brown, a unit manager at the OCC; and Anthony Hansen, a prison guard at the OCC, all in their individual and official capacities. D.M. alleged that he was sexually assaulted by Hansen while D.M. was incarcerated at the OCC and that when D.M. reported the sexual assault, he was placed in disciplinary segregation for over 30 days. D.M.'s complaint contained several tort and constitutional violation claims against the above-named defendants; pursuant to a motion to dismiss filed by the State, the Douglas County District Court dismissed D.M.'s entire complaint with prejudice, concluding that all of his claims were barred by sovereign immunity. We affirm in part, and in part reverse and remand for further proceedings.

BACKGROUND

D.M. filed a complaint on December 10, 2013, alleging the following facts:

D.M. was admitted as an inmate to the OCC in December 2011, with an expectation of parole in February 2012. On December 10, 2011, Hansen approached D.M. in the cafeteria with the proposition to meet in the chapel to engage in sexual activity. D.M. attempted to avoid and deflect Hansen's sexual advances. Hansen later approached D.M. and advised that there were cameras in the chapel so they should meet in the commons area of the OCC. After D.M. again attempted to deflect Hansen's sexual advances, Hansen spoke to D.M. regarding his parole date, which D.M. took as a threat to his future release based on previous encounters with Hansen where he had advised D.M. that if he ...


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