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SHERROD v. STATE

No. S-94-941.

557 N.W.2d 634 (1997)

251 Neb. 355

Harry SHERROD, Appellee, v. STATE of Nebraska DEPARTMENT OF CORRECTIONAL SERVICES, Appellant.

Supreme Court of Nebraska.

January 3, 1997.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and John R. Thompson, Lincoln, for appellant.

Michael G. Goodman, of Cannon, Goodman, O'Brien & Grant, P.C., Omaha, for appellee.

WHITE, C.J., and CAPORALE, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ., and REAGAN, D.J.

GERRARD, Justice.

In a suit filed pursuant to the State Tort Claims Act, Neb.Rev.Stat. § 81-8,209 et seq. (Reissue 1994), the district court entered judgment in favor of appellee Harry Sherrod. It is from this judgment that the State of Nebraska appeals. We affirm.

FACTUAL BACKGROUND

While an inmate at the Nebraska State Penitentiary, Sherrod was beaten by his cellmate, Roland Palmer, with a 20-inch-long, 1-inch-diameter solid steel bar. Palmer...

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