Community Care Health Plan of Neb. v. Jackson

Summary

The Nebraska Supreme Court dismissed the State Officials’ appeal for lack of jurisdiction. Although the district court denied their summary judgment motion, the motion was not actually based on sovereign immunity because the State Officials did not appeal the ruling that the action was an official-capacity suit seeking relief from allegedly unlawful conduct rather than a suit against the State. The court held that the statutory interlocutory-appeal exception requires the motion’s substance, not merely its references to sovereign immunity, to present a sovereign-immunity claim.