Hedglin v. Esch
25 Neb. Ct. App. 306
| Neb. Ct. App. | 2017Background
- On May 25, 2016, Hedglin submitted a tort-claim notice to the City of Hastings under the Political Subdivisions Tort Claims Act (PSTCA), alleging personal injury, mental anguish, and humiliation from conduct by Officer Jerry Esch within the scope of employment.
- Hedglin filed suit in Adams County District Court on June 9, 2016 asserting defamation and false-light invasion of privacy claims (and referenced conspiracy in briefing), before the City made any final disposition of the PSTCA claim.
- The City and Esch moved to dismiss under Neb. Ct. R. Pldg. § 6-1112(b)(6), arguing Hedglin failed to comply with the PSTCA’s procedural requirements (specifically § 13-906) and therefore her suit was premature.
- The district court received exhibits at the dismissal hearing (conversion to summary judgment issues), found the PSTCA applied, and dismissed the complaint for failure to satisfy the PSTCA condition precedent (filing suit before 6 months or before withdrawing after nonresolution).
- On appeal, the Court of Appeals treated the motion as one for summary judgment (no prejudice to Hedglin), held the PSTCA governs torts against political subdivisions including intentional torts affecting reputation, and affirmed dismissal because Hedglin prematurely filed suit before the statutory 6-month period elapsed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PSTCA applies to Hedglin’s claims for defamation/false light | Hedglin: PSTCA notice addressed negligence; intentional tort claims (defamation/false light) need not follow PSTCA procedures | City/Esch: PSTCA is the exclusive remedy for torts by public employees, and “personal injury” includes injury to reputation, so PSTCA applies to these claims | PSTCA applies; injury to reputation falls within PSTCA and notice requirement covers intentional torts |
| Whether filing suit before 6 months (and before claim withdrawal after nonresolution) violated § 13-906 | Hedglin: suit was procedurally permissible (implicitly argues premature filing not barred) | City/Esch: suit was premature — claimant must either allow 6 months for disposition or withdraw after 6 months before suing | Held for defendants: claimant failed condition precedent by filing suit before 6 months and without the governing body’s final disposition; dismissal affirmed |
| Whether conversion of dismissal motion to summary judgment without notice prejudiced Hedglin | Hedglin: conversion problematic (not assigned as error on appeal) | Defendants: facts relevant to statute/timing undisputed; Hedglin had opportunity to present evidence and did not object | Court treated motion as summary judgment but found no prejudice and proceeded on undisputed facts |
| Whether defendants needed to prove immunity under § 13-910 or insufficiency of complaint allegations | Hedglin: district court should have addressed immunity/merits of defamation/false light/civil conspiracy | Defendants: motion was based on procedural noncompliance with PSTCA § 13-906, not on immunity or merits | Court: no need to reach immunity or merits because procedural failure alone required dismissal |
Key Cases Cited
- Funk v. Lincoln-Lancaster Cty. Crime Stoppers, 294 Neb. 715 (standard of review for PSTCA actions)
- Geddes v. York County, 273 Neb. 271 (PSTCA exclusive remedy and conditions precedent under § 13-906)
- Brothers v. Kimball Cty. Hosp., 289 Neb. 879 (motion to dismiss converts to summary judgment when court considers matters outside pleadings)
- Corona de Camargo v. Schon, 278 Neb. 1045 (notice requirement for converting motions to summary judgment and prejudice analysis)
- Ichtertz v. Orthopaedic Specialists of Neb., 273 Neb. 466 (opportunity to present evidence when exhibits received at dismissal hearing)
- Gallion v. O’Connor, 242 Neb. 259 (broad definition of personal injury to include reputation)
- Keller v. Tavarone, 265 Neb. 236 (purpose of PSTCA notice provision—to permit prompt municipal investigation)
- Britton v. City of Crawford, 282 Neb. 374 (recognition that PSTCA contemplates intentional torts)
- SFI Ltd. Partnership v. Carroll, 288 Neb. 698 (summary judgment appellate standard)