NESCT tosses tort suit for county jail inmates assault

Johnson v. State, 270 Neb. 316 Filed July 29, 2005. No. S-03-1362.Inmate at Douglas County Correctional Institution alleged a sexual assault by a guard occurred and caused her emotional damages. In this case, she sued under the State Tort Claims act and the Court dismissed. the Supreme Court upholds immunity under the State Tort Claims Act: "Where the plaintiff’s tort claim is based on the mere fact of government employment (such as a respondeat superior claim) or on the employment relationship between the intentional tort-feasor and the government (such as a negligent supervision or negligent hiring claim), the exception in § 81-8,219(4) applies and the State is immune from suit. See Sheridan v. United States, 487 U.S. 392, 406-07, 108 S. Ct. 2449, 101 L. Ed. 2d 352 (1988) (Kennedy, J., concurring in judgment).. The plaintiff’s causes of action against the defendants fall squarely within the second of the two enumerated instances; each are based upon the employment relationship between Johnson’s alleged assailant and the defendants. Thus, the intentional tort exception of § 81-8,219(4) applies and bars Johnson’s action against the defendants.