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COLE v. ISHERWOOD

No. S-04-1270.

716 N.W.2d 36 (2006)

271 Neb. 684

Frankie Levi COLE, appellant, v. Scott ISHERWOOD et al., appellees.

Supreme Court of Nebraska.

June 9, 2006.

Attorney(s) appearing for the Case

Frankie Levi Cole, pro se.

Jon Bruning, Attorney General, Linda Willard, and Odies Williams, Senior Certified Law Student, for appellees.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Appellant, Frankie Levi Cole, sued the State of Nebraska and several employees at the Nebraska State Penitentiary (NSP) under 42 U.S.C. § 1983 (2000) and the State Tort Claims Act, Neb.Rev.Stat. § 81-8,209 et seq. (Reissue 1996). The allegations stem from conflicts Cole had with his cellmate and from claimed inadequacies in Cole's medical treatment. The court granted the defendants' motion for summary judgment, finding that (1) the State is...

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