NACO E-Line - July 15, 2011

Editor's Note: Legal Line is a feature that will periodically appear in E-Line. This ediction has been prepared by Beth Ferrell, a member of the NACO legal staff. Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information contained in this article or that which will be discussed in future issues relates to your county, consult your county attorney or your personal counsel.

Police Chase Case Decided by Nebraska Supreme Court

The Nebraska Supreme Court recently held that the actions of the driver of a stolen car, rather than a police pursuit, were the sole proximate cause of a accident that seriously injured a woman in 2006. The case, Cotton v. State, 281 Neb. 789, ___ N.W.2d ___ (2011), was decided on July 1. Recent cases decided by the Nebraska Supreme Court and Court of Appeals can be viewed on the Judicial Branch's website.

The injury occurred when the stolen vehicle hit a pickup, which crossed the centerline and struck a vehicle driven by Cotton. The driver of the stolen car claimed that he was attempting to evade pursuit by a Nebraska State Patrol trooper. Cotton filed suit against the State of Nebraska under the State Tort Claims Act, in particular §81-8,215.01, which makes the state liable for injuries to innocent third parties proximately caused by a vehicular pursuit by a state-employed law enforcement officer.

The Court reviewed whether the accident occurred when the state trooper was actively trying to apprehend the driver, pursuant to the definitions in §81-8,215.01. At the time the accident occurred, several vehicles were between the stolen car and the trooper. The trooper had not activated his emergency lights prior to the accident.

The Court concluded that the driver of the stolen vehicle chose to operate his vehicle in a reckless manner. The state was not liable under §81-8,215.01 because the trooper was not involved in an active effort to apprehend the driver at the time of the accident.

Because language similar to §81-8,215.01 appears in the Political Subdivisions Tort Claims Act (§13-901 et seq.), the same arguments would likely be applied to a case involving counties. In general, both Acts provide broad exemptions from liability for the state and political subdivisions and set out a process for bringing tort claims against these entities.

Jail as Part of County Government Training

Public safety doesn't happen in a vacuum. It requires collaboration and thoughtful, well-informed discussion about key issues: who or what a public safety program is for, how funds in the program will be used, and how local governments and elected officials can support public safety efforts. To discuss those issues when they involve the local jail requires dialogue among stakeholders, including the county commissioner/supervisor, sheriff, and jail administrator. The National Institute of Corrections (NIC) tackles such discussions during its Jail as Part of County Government training, which is now being offered in Nebraska.

NIC's free training is an opportunity for teams of three (consisting of the county commissioner/supervisor, sheriff, and jail administrator) to learn about key issues facing jails today. Topics such as staffing, jail administration, and unique funding needs will be covered. All of these lead to ensuring that jail operations are conducted in a safe, secure, humane, and legal manner.

The training will last three days and will be held at the University of Nebraska in Kearney this September 27-29, 2011. Takeaways from the training include:

·Educating participants about the role of the jail, its operations,

and its resource needs.

·Exploring the county's civil liability in operating a jail.

·Helping county commissioners/supervisors, state sheriffs, and jail

administrators better understand each other's responsibilities

and challenges.

·Building collaboration among jurisdictional team members in addressing jail issues.

To register or request more information, visit NIC online at www.nicic.gov.

Wireless E911 PSAP Funding Audit Documentation Workshop

The Nebraska Public Service Commission will be conducting a workshop to provide information regarding documentation due to the Commission for audits of 2010-2011 Wireless E911 Funding which was paid to Public Safety Answering Points (PSAPs). The workshop will provide information including the due date for documentation, the nature of the documentation to be filed, and to answer questions regarding the audit process.

The workshop will be held on July 27, 2011 at 10:00 a.m. CDT in the Commission Hearing Room at 1200 N Street, Suite 300, Lincoln. Those wishing to participate by telephone should dial 888-820-1398, Attendee Code: 5582059. Questions concerning the workshop or the Wireless E911 Funding Program can be directed to Joan Raffety, Wireless E911 Coordinator, at 402-471-3101 or 1-800-526-0017.

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