State of Nebraska claims immunity from suit against it for overall mismanagement of foster care system Omaha.com The State of Nebraska has answered claims that it harms the children in its foster care system by saying the state is protected against such lawsuits. Attorneys for the state asked the U.S. District Court on Thursday to dismiss a lawsuit filed in September that is seeking an overhaul of Nebraska's child welfare system. Milo Mumgaard, one of the attorneys who brought the lawsuit, called the state's response "not unexpected." He said other states have used many of the same defense in response to similar child welfare lawsuits. Such legal defenses mean the two sides will spend time and money disputing legal issues, rather than getting to the merits of the case or talking about possible settlements, he said. "It doesn't have to be that way," Mumgaard said. "We hope we can start negotiating sooner rather than later." Mumgaard is executive director of the Nebraska Appleseed Center for Law in the Public Interest, which filed the lawsuit jointly with Children's Rights, a child welfare group based in New York City (Things are bad; This advocacy organization had 16 suits pending against jurisdictions across the country). New York advocacy organization has its complaint here, pdf. Five foster children were named as plaintiffs in the Nebraska suit. Gov. Dave Heineman and five top officials of the Nebraska Health and Human Services System are named as defendants. The suit alleges that Nebraska deprives foster children of the chance for a safe, stable childhood. It also claims the state fails to protect foster children and provide them with basic care and services. In its response, the state denies virtually all of the claims made in the lawsuit. The state argues that the plaintiffs lack standing, the court lacks jurisdiction and the case cannot be pursued as a class action. It also argues that the U.S. and Nebraska Constitutions protect the state from the kinds of claims made in the suit. 2 years ago the State lost an 11th amendment defense to a suit against it claiming the foster care administrators discriminated against a child who was HIV positive. Doe et al v State of Nebraska, 8th Circuit 02-2014NE The response was filed on behalf of the state by attorneys from the Lincoln law firm of Harding Schultz and Downs. Attorney General Jon Bruning declined to comment on Thursday's filing, according to his spokeswoman, Regan Anson. A Health and Human Services spokeswoman has declined to comment on pending litigation. However, she said the state has made progress in many areas of an improvement program in which the goals are safety, permanence and well-being for children. Nebraska's child welfare system has been under intense scrutiny since reports of nearly 30 children dying from abuse and neglect prompted then-Gov. Mike Johanns to convene a special task force in 2003.