[DOWNLOAD] "County Lancaster v. State Nebraska" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free

January 15, 2021

eBook details

Title: County Lancaster v. State Nebraska
Author : Supreme Court of Nebraska
Release Date : January 31, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

CONNOLLY, J. The County of Lancaster initiated a declaratory judgment action in the district court for Lancaster County seeking a determination that the Nebraska Department of public Institutions and two officials of the department were without legal authority to refuse to accept custody of individuals committed to the department by the Lancaster County Mental Health Board (Board). The district court ruled that the department could refuse acceptance of persons committed to it and that the county did not make the proper demand of the department which would have mandated the active participation of the department in placement of such persons. The county appealed. We find that because the state did not waive its sovereign immunity, the district court lacked jurisdiction to hear the instant case. Therefore, we reverse the order of the district court and remand the cause to the district court with directions to dismiss the county's action.