Reiber v. County of Gage
303 Neb. 325
Neb.2019Background
- On July 4, 2013, Chad Gesin was arrested, booked into the Gage County jail, and exhibited agitation and a .103 BAC; prior history included a 2011 self-stabbing incident for which he had been placed in emergency protective custody (EPC) but released.
- Arresting officers completed custody forms noting a vague text message and prior incident; during booking Gesin denied suicidal ideation on screening questions and behaved in a forward-looking manner (talking about bail, calling family).
- Jail staff followed written screening procedures, placed Gesin in a single cell for intoxication, and conducted hourly checks (more frequent checks are required for intoxicated or suicidal inmates); Gesin was discovered hanging during a cell check about 40 minutes after placement and later died.
- Reiber (special administrator of Gesin’s estate) sued Gage County and the sheriff under the Nebraska Political Subdivisions Tort Claims Act (PSTCA) alleging negligence and failure to follow jail suicide protocols; federal constitutional claims were dismissed and the negligence claim remanded to state court.
- At a bifurcated bench trial on liability, the court admitted defense expert psychiatrist Dr. Terry Davis, who testified Gesin was not reasonably foreseeable as a suicide risk based on information known at booking; the district court found appellees exercised due care and concluded § 13-910(1) sovereign-immunity exemption barred the claim.
- The Nebraska Supreme Court affirmed, holding the PSTCA exemption applied because the jailers acted with due care in executing rules/regulations and Reiber failed to prove foreseeability or a deviation from required procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by admitting defendant’s psychiatric expert | Reiber: Davis lacked foundation/relevance to jailer standard and improperly opined on ultimate issue | County: Davis’s psychiatric expertise on suicide risk was relevant and helpful; weight for finder of fact | Admitted: No abuse of discretion; qualifications/methodology sufficient and weight for trier of fact |
| Whether jail staff breached duty by failing to detect suicide risk | Reiber: Staff should have known or in exercise of reasonable care should have known Gesin was suicidal | County: Staff followed screening procedures, observed no indicia of suicide risk, and acted per jail rules | Found no breach: Evidence showed staff followed protocols and Gesin was not a known/foreseeable risk |
| Whether plaintiff’s claim is barred by PSTCA § 13-910(1) exemption | Reiber: Claim not covered because acts/omissions exceeded mere execution of rules; immunity not applicable | County: Claim falls within exemption for employee acts exercising due care in execution of a rule/regulation | Immunity applies: Claim barred; lack of subject-matter jurisdiction |
| Whether, on merits, defendants were negligent even absent immunity | Reiber: Defendants’ actions/omissions caused death and were negligent | County: Even on merits, defendants exercised reasonable care and death was not reasonably foreseeable | Merits (alternative): Court would have ruled for defendants; no negligence |
Key Cases Cited
- Goodenow v. State, 259 Neb. 375 (defining jailer duty to provide reasonably adequate protection)
- Cingle v. State, 277 Neb. 957 (foreseeability and standards in PSTCA negligence claims)
- Davis v. State, 297 Neb. 955 (PSTCA application where officer sued in individual capacity acting within scope)
- Stick v. City of Omaha, 289 Neb. 752 (strict construction of statutes waiving sovereign immunity)
- City of Lincoln v. Realty Trust Group, 270 Neb. 587 (admissibility and weight of expert testimony in bench trials)