Ryan v. State

Summary

The Nebraska Supreme Court affirmed dismissal of an inmate’s negligence action against the State because the prison disciplinary statutes and regulations did not create a legal duty owed to him to investigate the alleged theft of his property. Without a cognizable negligence claim under the State Tort Claims Act, sovereign immunity was not waived and the district court lacked subject matter jurisdiction. The court reviewed the pleading dismissal de novo and accepted the complaint’s factual allegations as true.