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Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed
Loaded on Jan. 10, 2017
published in Prison Legal News
January, 2017, page 50
Last year, the Nebraska Court of Appeals held a prisoner’s claim alleging an intentional tort related to a sexual assault by a guard was barred by the State Tort Claims Act (STCA), but claims of intentional and negligent infliction of emotional distress related to the reporting of the assault …
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More from this issue:
- Culture of Abuse and Corruption Plagues Jail in Denver, Colorado, by Lonnie Burton
- Texas: Complaint Filed Over Contaminated Water, Conditions at Eastham Unit, by Panagioti Tsolkas
- Michigan: Contract for Prisoner Legal Writer Program Results in Controversy
- Rundown on California Propositions 57 and 64, by Kent A. Russell
- Illinois: DNA Evidence Exonerates One Man, Implicates Another
- Imprisoned Author Denied Access to His Own Published Writing
- Seventh Circuit Tells Wisconsin Probationer with Gender Dysphoria how to Proceed, by Matthew Clarke
- Georgia Prison Guards Face Sexual Assault Charges
- Judge Rips DOJ Lawyers for “Series of Misrepresentations,” Orders Ethics Training, by Derek Gilna
- Krome Detention Center has Long History of Detainee Abuse, by David Reutter
- $28.1 Million Jury Award after Eighth Circuit Allows Conspiracy Claims in Nebraska Wrongful Conviction Suit, by Matthew Clarke
- New York: Nearly $10 Million in Settlements Over Denial of Medical Care at Rikers Island
- Michigan’s Wayne County Jails Plagued with Inhumane Conditions
- Michigan: Corizon Audit Finds Deficiencies, State Extends and Expands Contract Anyway
- Model Mental Health Care Diversion System Started by Miami Judge, by David Reutter
- Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed
- BOP Prisoner’s FTCA Wage Suit States Cause of Action
- Three California Jail Guards Charged with Murdering One Prisoner, Assaulting Another, by Christopher Zoukis
- Constitutional Amendment Ensures Executions will Continue in Oklahoma , by Christopher Zoukis
- Two Fulton County Jail Employees Subject to Liability in Detainee’s Suicide
- FCI Danbury Prisoners Finally Transferred to New Women’s Facility
- Increased Access to Higher Education Programs for California Prisoners, by Christopher Zoukis
- Deaths Due to Neglect in U.S. Jails Reflect Nation’s Values , by David Reutter
- Mississippi: Hinds County Jails in Crisis, Face Mandated Reforms, by David Reutter
- New York DA Supervisor Engages in Kinky Fetishes, Wife Claims, by Derek Gilna
- Report Finds Charging Criminal Justice Fees Perpetuates Mass Incarceration, by Matthew Clarke
- Hawaii Warden Subjected Female Prisoners to “Shame Therapy”
- Correctional Medical Care Pays $425,000 Settlement in Prisoner’s Opiate Withdrawal Death
- Securus Phone Rates Spark Uprising at Alaska Prison , by Joe Watson
- Georgia’s Supreme Court Rules on Private Probation Services
- State University of New York “Bans the Box” on Student Applications
- Dear Librarian: Filling the Information Gap for Prisoners with No Internet Access , by Christopher Zoukis
- Jail Official Convicted of Illegally Recording Phone Conversations Loses Appeal, by Christopher Zoukis
- Shackled South African Prisoner Beaten by GEO Guards Wins Lawsuit, by Derek Gilna
- Recurring Injury Subsequent to Lawsuit Settlement No Bar to New Claim
- Ninth Circuit Vacates Generalized Order to Shackle Pretrial Defendants, En Banc Review Granted
- $325,002 Award to Michigan Prisoner Denied Medical Care for Joint Pain
- Second Circuit Expands Protections from Sexual Abuse by Prison Staff, by Derek Gilna
- Orleans Parish Jail Settles Prisoner Suicide Suit for $1.75 Million, by Derek Gilna
- Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA
- Child Support Relief Coming for Incarcerated Parents
- Tennessee Sheriff Indicted, Suspended and Jailed Over E-cig Business
- Michigan Jail Subject of Wrongful Death Lawsuit and PLN Censorship Suit
- New York Prison Scrutinized, Employees Charged Following High-profile Escape, by Derek Gilna
- ICE Deportations Peaked in FY 2012, Declined from 2013 to 2015, by Derek Gilna
- Continued Need for Prison and Criminal Justice Reforms
- CCA’s Rebranding May Violate Trademark Rights
- NTSB Faults Texas Prison Guard, Road Crews in Transport Bus Deaths, by Derek Gilna
- California County Settles Class-action Lawsuit Over Jail Medical and Mental Health Care, by Matthew Clarke
- PLN Goes Undercover to Bust CCA Employees’ Misuse of Prisoner Labor
- Too Little, Too Late: Prosecutor Remorseful for Sending Innocent Man to Death Row, by David Reutter
- “Natural Causes Killed Victor: A Death in Solitary,” a folk opera by George Swanson (DVD, 55 minutes), by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- Alabama Prison Warden Reportedly Arrested and Walked Off Job, June 1, 2026. Corrections Corporation of America/CoreCivic, Guard Misconduct, DOC/BOP misconduct, Government Misconduct.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- Federal Jury Awards $2,500 to Male Wisconsin Prisoner Sexually Assaulted by Female Guard, June 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Evidence, Prison Rape Elimination Act, Cruel and Unusual Punishment.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- Pepper Spraying Incident Prompts Policy Change at Washington Women’s Prison, June 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Settlements, Staff Training, Cruel and Unusual Punishment.
- In Wake of Murders of Prisoners by Guards, New York Passes Legislation to Enhance Safety, Accountability and Training, June 1, 2026. Guard Misconduct, Corrections Audits, Security Systems, State Legislation, Statutes of Limitation and Laches.
- Ombuds Report Doesn’t Rule Out Racism or Retaliation at Red Onion State Prison, June 1, 2026. Guard Misconduct, Racial Discrimination, Retaliation for Filing Grievances, Failure to Treat, Control Units/SHU/Solitary Confinement.
- $250,000 Paid by Maine to Former Prisoner Held in Solitary Confinement—Which the State DOC Says Doesn’t Exist, June 1, 2026. DOC/BOP misconduct, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Nevada Ex-Warden Ordered to Counseling After Ear-Biting Incident, June 1, 2026. Guard Misconduct, Alternative Sentencing, Assaults on Staff, Plea Agreements/Guilty Pleas.

