Summary
The Nebraska Supreme Court held that the State Tort Claims Act's two-year limitations period governs both submission of a claim and commencement of suit. The court further held that the general savings clause in Neb. Rev. Stat. § 25-201.01 does not apply because the State Tort Claims Act identifies the only applicable statutes of limitations. The court affirmed dismissal of James Saylor's action as time barred.
Topics
Practice areas
Questions Presented
- Whether Neb. Rev. Stat. § 25-201.01's savings clause applies to an action governed by the Nebraska State Tort Claims Act.
- Whether Saylor's State Tort Claims Act negligence claims were barred by the limitations period in Neb. Rev. Stat. § 81-8,227.
Holdings
- Neb. Rev. Stat. § 81-8,227(5) makes § 81-8,227 and § 25-213 the only statutes of limitations applicable to State Tort Claims Act claims; therefore, Neb. Rev. Stat. § 25-201.01 cannot be applied to extend the time for commencing an STCA action.
- Saylor's STCA negligence claims were time barred because he filed suit more than six months after the State Claims Board denied his claim, and no applicable STCA tolling or extension provision was shown to apply.
Key quotations
“"This section and section 25-213 shall constitute the only statutes of limitations applicable to the [STCA]."” (at 787)
“Because § 25-201.02 is not one of the applicable statutes listed in § 81-8,227(5), it cannot be applied to extend the time period for bringing an action under the STCA.” (at 788)
Factual background
James Saylor, an inmate in Nebraska Department of Correctional Services custody, alleged that DCS employees and agents negligently failed on multiple occasions to provide necessary medical care. He submitted an STCA claim to the State Claims Board on September 14, 2012, and the Board mailed its denial on October 19, 2012. Saylor did not file the present negligence action until May 30, 2017, more than six months after the denial.
Procedural history
Saylor filed a State Tort Claims Act claim with the State Claims Board on September 14, 2012, and the Board denied it on October 19, 2012. He filed the present state-court action on May 30, 2017. The action was removed to federal court, amended to eliminate federal civil-rights claims, and remanded to state court. After remand, the parties agreed to treat the motion to dismiss as a motion for summary judgment; the district court concluded that the savings clause in Neb. Rev. Stat. § 25-201.01 did not apply and dismissed the amended complaint with prejudice.