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MOSER v. STATE

No. S-19-726.

948 N.W.2d 194 (2020)

307 Neb. 18

Telena MOSER, Personal Representative of the Estate of Terry L. Berry, Jr., deceased, appellant, v. STATE of Nebraska, appellee.

Supreme Court of Nebraska.

Filed September 4, 2020.

Attorney(s) appearing for the Case

Thomas J. Monaghan and Rodney C. Dahlquist, Jr. , of Dornan, Troia, Howard, Breitkreutz & Conway, P.C., L.L.O., Omaha, for appellant.

Douglas J. Peterson , Attorney General, and James D. Smith , Solicitor General, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ.

INTRODUCTION

Terry L. Berry, Jr., was incarcerated at the Tecumseh State Correctional Institution (TSCI), an institution under the control of the Nebraska Department of Correctional Services (DCS). On April 10, 2017, Berry was moved into a cell with Patrick W. Schroeder, another inmate at TSCI. Five days later, Schroeder...

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