United States Eighth Circuit

Neb. Rev. Stat. section 81-8,239.08 does not provide contracted medical service providers the full scope of protection offered by the Nebraska State Tort Claims Act (NSTCA). Summary judgment for a doctor and correctional administrator in a 42 U.S.C. section 1983 and negligence case arising from defendants' alleged failure to timely treat plaintiff's tumor is reversed in part as to summary judgment for the doctor on state law claims.

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD and SMITH, Circuit Judges, and MAGNUSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert W. Chapin, Lincoln, Nebraska, for appellant.


• For Appellees:
  
• Stephanie Annie Zeeb, argued, Assistant Attorney General, Lincoln, Nebraska, for appellee.