Saylor v. State

Summary

The Nebraska Supreme Court affirmed dismissal of Saylor’s second State Tort Claims Act action because claim preclusion barred claims that had accrued before, and could have been included in, his first action. The court held that administrative claim filing and disposition dates did not determine accrual, and that both actions arose from the same operative facts concerning alleged ongoing inadequate medical care and confinement conditions. The court also declined to consider Saylor’s argument that the State had acquiesced in claim splitting because the argument was not properly preserved or assigned as error.