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DOE v. OMAHA PUBLIC SCHOOL DIST.

No. S-05-794.

727 N.W.2d 447 (2007)

273 Neb. 79

John DOE, as father and next friend of Jane Doe, a minor child, appellant, v. OMAHA PUBLIC SCHOOL DISTRICT, a political subdivision, appellee.

Supreme Court of Nebraska.

February 16, 2007.

Attorney(s) appearing for the Case

Maren Lynn Chaloupka, Scottsbluff, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, and K.C. Engdahl, of Ballew, Schneider, Covalt, Gaines & Engdahl, for appellant.

Kirk S. Blecha and Lindsay K. Lundholm, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, for appellee.

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

STEPHAN, J.

John Doe, as father and next friend of Jane Doe, brought this action against the Omaha Public School District (OPS) under the Political Subdivisions Tort Claims Act (PSTCA), Neb.Rev.Stat. §§ 13-901 to 13-926 (Reissue 1997 & Cum.Supp.2002). OPS moved to dismiss, claiming immunity under § 13-910. The district court granted the motion and dismissed the complaint with prejudice. Doe perfected this timely appeal. We conclude the district...

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