Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rouse v. State

Supreme Court of Nebraska

January 4, 2019

Roy J. Rouse, appellant,
v.
State of Nebraska et al., appellees.

         1. Motions to Dismiss: Pleadings: Appeal and Error. A district court's grant of a motion to dismiss on the pleadings is reviewed de novo, accepting the allegations in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party.

         2. Statutes: Appeal and Error. Statutory interpretation presents a question of law, for which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.

         3. Constitutional Law: Immunity: Waiver. Under the 11th Amendment, a nonconsenting state is generally immune from suit unless the state has waived its immunity.

         4. Tort Claims Act: Legislature: Immunity: Waiver. The Legislature has provided limited waivers of the State's sovereign immunity through the State Tort Claims Act, subject to statutory exceptions.

         5. Statutes: Appeal and Error. Appellate courts give statutory language its plain and ordinary meaning and will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous.

         6. Statutes: Immunity: Waiver. Statutes that purport to waive the State's protection of sovereign immunity are strictly construed in favor of the sovereign and against the waiver.

         7. Immunity: Waiver. To strictly construe against a waiver of sovereign immunity, courts broadly read exceptions to a waiver of sovereign immunity.

         8. Statutes: Immunity: Waiver. A waiver of sovereign immunity is found only where stated by the most express language of a statute or by such overwhelming implication from the text as will allow no other reasonable construction.

         [301 Neb. 1038] 9. Constitutional Law: Tort Claims Act: Immunity: Appeal and Error. An appellate court must determine whether the constitution and statutes provide sovereign immunity by reference to the nature of the underlying dispute. Where the facts are undisputed, whether an exception to immunity under the State Tort Claims Act precludes suit is a question of law.

         10. Tort Claims Act: Federal Acts. Nebraska's State Tort Claims Act is patterned after the Federal Tort Claims Act.

         11. Tort Claims Act: Police Officers and Sheriffs. The structure and text of Neb. Rev. Stat. § 81-8, 219(2) (Reissue 2014) demonstrate that the broad phrase "any law enforcement officer" covers all law enforcement officers, including correctional officers.

          Appeal from the District Court for Lancaster County: Kevin R. McManaman, Judge. Affirmed.

          Roy J. Rouse, pro se.

          Douglas J. Peterson, Attorney General, and David A. Lopez for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.