Nebraska
How Cole v. State of Florida applies in Nebraska: state-specific rules, key cases, and bar exam notes for Torts.
Nebraska law, similar to Florida law, recognizes the principles of governmental immunity and the limited circumstances under which a state may be held liable for tortious actions. The application of these principles considers the state's duty and breach relative to the actions of its employees.
In Nebraska, governmental entities may be liable for torts under the Nebraska Governmental Liability Act (NGLA), provided that the alleged tort falls within the exceptions laid out in the Act.
The court held that a city may be held liable for negligence if the claim falls within the exceptions of the governmental immunity statutes.
In this case, the court found that sovereign immunity did not protect the state in instances of willful or wanton misconduct by an officer.
The court ruled that when a state employee acts outside the scope of their employment, the state may be liable.
Nebraska's approach to tort liability of government entities under the NGLA shares similarities with the Federal Tort Claims Act (FTCA) in terms of establishing limited exceptions to sovereign immunity. However, Nebraska maintains stricter limitations on liability, particularly concerning discretionary functions compared to federal law.
Questions about governmental immunity and tort liability for state actions are frequently tested on the Nebraska bar exam, particularly in relation to the NGLA and exceptions thereto.