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KRUGER v. NEBRASKA

No. 15-1427.

820 F.3d 295 (2016)

Michael-Ryan KRUGER, Special Administrator of the Estate of Andrea Kruger, Plaintiff-Appellant v. State of NEBRASKA; Robert Houston, Retired Director, Department of Correctional Services, in his official and individual capacities; Cameron White, Behavioral Health Administrator, Department of Correctional Services, in his official and individual capacities; Dr. Randy Kohl, in his official and individual capacities; Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 7, 2016.

Rehearing and Rehearing En Banc Denied May 11, 2016.

Attorney(s) appearing for the Case

James C. Zalewski , argued, Vincent M. Powers and Kathleen Marie Neary , on the brief, Lincoln, NE, for Plaintiff-Appellant.

David A. Lopez , AAG, argued, Ryan Post , AAG, on the brief, Lincoln, NE, for Defendants-Appellees.

Before RILEY, Chief Judge, BEAM and KELLY, Circuit Judges.

Nikko Jenkins was released from prison in July 2013 after serving ten and one-half years of a twenty-one-year sentence. About three weeks after his release, he killed four people in Omaha, Nebraska, including Andrea Kruger. After Andrea's death, her husband, Michael-Ryan Kruger, as special administrator for Andrea's

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