Burke v. Board of Trustees of the Nebraska State Colleges

Summary

The Nebraska Supreme Court held that an action against the Board of Trustees of the Nebraska State Colleges is an action against the State and is barred by sovereign immunity absent an applicable legislative waiver. The court concluded that neither Nebraska’s Uniform Declaratory Judgments Act nor the Board’s statutory authority to “sue and be sued” waived sovereign immunity, and that the plaintiff failed to satisfy the pleading requirements for a potential contract-based waiver. The court vacated the district court’s judgment and dismissed the appeal for lack of subject matter jurisdiction.

Holdings

1. An action against the Board of Trustees of the Nebraska State Colleges is an action against the State of Nebraska because the Board is an instrumentality of and accountable to the State.
2. Sovereign immunity barred Burke's action because no applicable statute waived the State's immunity from suit.
3. Neb. Rev. Stat. § 85-302's provision that the Board may 'sue and be sued' is not an express legislative waiver of sovereign immunity.
4. Burke could not rely on Neb. Rev. Stat. § 25-21,206 as a waiver because her complaint failed to satisfy the pleading requirements of § 25-21,202.
5. When the lower court lacks jurisdiction over the case, the appellate court also lacks jurisdiction to review the merits.

Questions Presented

1. Whether an action against the Board of Trustees of the Nebraska State Colleges is an action against the State of Nebraska for sovereign-immunity purposes.
2. Whether Nebraska's Uniform Declaratory Judgments Act waives the State's sovereign immunity.
3. Whether Neb. Rev. Stat. § 85-302's provision that the Board may sue and be sued is an express legislative waiver of sovereign immunity.
4. Whether Neb. Rev. Stat. § 25-21,206 waives sovereign immunity where the complaint fails to satisfy the pleading requirements of § 25-21,202.
5. Whether the appellate court could review the merits after determining that the district court lacked subject matter jurisdiction.

Disposition

vacated