Nebraska Supreme Court

Barber v. State

April 19, 2024316 Neb. 398

Summary

The court affirmed dismissal of Barber’s State Tort Claims Act action for lack of subject matter jurisdiction. Although Barber labeled his claim as medical malpractice, the court held that allegations of involuntary medical treatment stated a battery claim, and his negligence allegations necessarily arose out of that battery. Because the Act preserves sovereign immunity for claims arising out of battery, dismissal was proper.