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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 993
Introduced by McKinney, 11.
Read first time January 13, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil actions; to amend sections 13-903 and1
81-8,210, Reissue Revised Statutes of Nebraska; to provide for a2
cause of action for deprivation of constitutional rights by law3
enforcement officers; to define and redefine terms; to eliminate the4
defense of qualified immunity as prescribed; to require5
indemnification by public employers; to waive sovereign immunity for6
certain claims against law enforcement officers and exempt such7
claims from the Political Subdivisions Tort Claims Act and State8
Tort Claims Act; to provide an operative date; to provide9
severability; and to repeal the original sections.10
Be it enacted by the people of the State of Nebraska,11
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Section 1. The Legislature finds and declares that:1
(1) The protection of constitutional rights is essential to2
maintaining public trust in law enforcement; 3
(2) The judicial doctrine of qualified immunity has, in practice,4
denied many Nebraskans a remedy for violations of their state and federal5
constitutional rights; 6
(3) The State of Nebraska has a compelling interest in ensuring that7
all persons within its jurisdiction have access to justice and8
accountability when their rights are violated by government actors; and9
(4) It is the intent of the Legislature to create an independent,10
state-based civil remedy for deprivation of constitutional rights and to11
eliminate qualified immunity as a defense to such claims.12
Sec. 2. For purposes of sections 1 to 6 of this act:13
(1) Constitutional right means any right, privilege, or immunity14
guaranteed by the Constitution of the United States or the Constitution15
of Nebraska; 16
(2) Law enforcement officer means: 17
(a) A law enforcement officer as defined in section 81-1401;18
(b) A peace officer as defined in section 49-801;19
(c) A correctional officer; or 20
(d) A probation officer; 21
(3)(a) Public employer means the state, any state agency, or any22
political subdivision. 23
(b) Public employer does not include a contractor of the state, a24
state agency, or a political subdivision; 25
(4) Political subdivision has the same meaning as in section 13-903;26
and 27
(5) State agency has the same meaning as in section 81-8,210.28
Sec. 3. (1) A person who has been deprived of any constitutional29
right by a law enforcement officer acting under color of law may bring a30
civil action for appropriate relief. 31
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(2) In an action under this section, appropriate relief includes:1
(a) Compensatory damages, including for physical injury, pain and2
suffering, emotional distress, loss of liberty, or loss of reputation;3
(b) Punitive damages when the officer's conduct is determined to be4
willful, wanton, or malicious; 5
(c) Such preliminary and other equitable or declaratory relief as6
may be appropriate; and 7
(d) Reasonable attorney's fees and other litigation costs reasonably8
incurred. 9
(3) In any action brought under this section, qualified immunity or10
any substantially similar defense shall not be available to the11
defendant. 12
(4) Any punitive damages awarded under this section shall be13
remitted to the State Treasurer for distribution in accordance with14
Article VII, section 5, of the Constitution of Nebraska.15
(5) The cause of action provided for in this section is independent16
of and in addition to any other remedy provided by state or federal law.17
Sec. 4. (1) A public employer shall indemnify its law enforcement18
officers for any judgment entered against them in an action under section19
3 of this act, unless the officer acted in bad faith or with malicious20
intent. 21
(2) If the public employer determines that indemnification is not22
required under subsection (1) of this section, it shall provide written23
notice to the officer and the plaintiff within thirty days after the24
entry of judgment. 25
Sec. 5. An action brought under section 3 of this act shall be26
filed within three years after the cause of action accrues.27
Sec. 6. (1) Sovereign immunity is waived for any claim brought28
pursuant to section 3 of this act. 29
(2) A claim under section 3 of this act is not subject to the30
Political Subdivisions Tort Claims Act or the State Tort Claims Act.31
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Sec. 7. Section 13-903, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
13-903 For purposes of the Political Subdivisions Tort Claims Act3
and sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the4
context otherwise requires: 5
(1) Political subdivision includes shall include villages, cities of6
all classes, counties, school districts, learning communities, public7
power districts, and all other units of local government, including8
entities created pursuant to the Interlocal Cooperation Act or Joint9
Public Agency Act. Political subdivision shall not be construed to10
include any contractor with a political subdivision;11
(2) Governing body means shall mean the village board of a village,12
the city council of a city, the board of commissioners or board of13
supervisors of a county, the board of directors of a public power14
district, the governing board or other governing body of an entity15
created pursuant to the Interlocal Cooperation Act or Joint Public Agency16
Act, and any duly elected or appointed body holding the power and17
authority to determine the appropriations and expenditures of any other18
unit of local government; 19
(3) Employee of a political subdivision means shall mean any one or20
more officers or employees of the political subdivision or any agency of21
the subdivision and shall include members of the governing body, duly22
appointed members of boards or commissions when they are acting in their23
official capacity, volunteer firefighters, and volunteer rescue squad24
personnel. Employee shall not be construed to include any contractor with25
a political subdivision; and 26
(4)(a) (4) Tort claim means shall mean any claim against a political27
subdivision for money only on account of damage to or loss of property or28
on account of personal injury or death, caused by the negligent or29
wrongful act or omission of any employee of the political subdivision,30
while acting within the scope of his or her office or employment, under31
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circumstances in which the political subdivision, if a private person,1
would be liable to the claimant for such damage, loss, injury, or death2
but shall not include any claim accruing before January 1, 1970.3
(b) Tort claim does not include an action against a law enforcement4
officer under section 3 of this act. 5
Sec. 8. Section 81-8,210, Reissue Revised Statutes of Nebraska, is6
amended to read: 7
81-8,210 For purposes of the State Tort Claims Act:8
(1) State agency includes all departments, agencies, boards,9
bureaus, and commissions of the State of Nebraska and corporations the10
primary function of which is to act as, and while acting as,11
instrumentalities or agencies of the State of Nebraska but shall not12
include corporations that are essentially private corporations or13
entities created pursuant to the Interlocal Cooperation Act or the Joint14
Public Agency Act. State agency does not include any contractor with the15
State of Nebraska; 16
(2) State Claims Board means the board created by section 81-8,220;17
(3) Employee of the state means any one or more officers or18
employees of the state or any state agency and shall include duly19
appointed members of boards or commissions when they are acting in their20
official capacity. State employee does not include any employee of an21
entity created pursuant to the Interlocal Cooperation Act or the Joint22
Public Agency Act or any contractor with the State of Nebraska;23
(4)(a) (4) Tort claim means any claim against the State of Nebraska24
for money only on account of damage to or loss of property or on account25
of personal injury or death caused by the negligent or wrongful act or26
omission of any employee of the state, while acting within the scope of27
his or her office or employment, under circumstances in which the state,28
if a private person, would be liable to the claimant for such damage,29
loss, injury, or death but does not include any claim accruing before30
January 1, 1970, any claim against an employee of the state for money31
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only on account of damage to or loss of property or on account of1
personal injury or death caused by the negligent or wrongful act or2
omission of the employee while acting within the scope of his or her3
employment occurring on or after August 25, 1989, and any claim allowed4
under the Nebraska Claims for Wrongful Conviction and Imprisonment Act. ;5
(b) Tort claim does not include an action against a law enforcement6
officer under section 3 of this act; 7
(5) Award means any amount determined by the Risk Manager or State8
Claims Board to be payable to a claimant under section 81-8,211 or the9
amount of any compromise or settlement under section 81-8,218; and10
(6) Risk Manager means the Risk Manager appointed under section11
81-8,239.01. 12
Sec. 9. This act becomes operative on January 1, 2027.13
Sec. 10. If any section in this act or any part of any section is14
declared invalid or unconstitutional, the declaration shall not affect15
the validity or constitutionality of the remaining portions.16
Sec. 11. Original sections 13-903 and 81-8,210, Reissue Revised17
Statutes of Nebraska, are repealed. 18
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