Saylor v. State
304 Neb. 779
Neb.2020Background
- James Saylor, a DCS inmate, filed an STCA claim with the State Claims Board on September 14, 2012 alleging negligent medical care; the Board denied the claim on October 19, 2012.
- Under Neb. Rev. Stat. § 81-8,227, STCA claims must be submitted within 2 years and suit generally must be filed within 6 months after a denial (with limited statutory extensions).
- Saylor filed a district-court complaint on May 30, 2017 asserting the same negligence claims (and § 1983 claims later dropped); the State and DCS removed the action to federal court, which later remanded the STCA claims to state court.
- After remand, the State and DCS moved to dismiss as time barred; the district court converted the motion to summary judgment and dismissed Saylor’s STCA claims with prejudice.
- Saylor argued the savings clause in Neb. Rev. Stat. § 25-201.01 extended the filing period; the State argued § 81-8,227(5) limits applicable statutes of limitations to §§ 81-8,227 and 25-213 only.
- The Nebraska Supreme Court held § 25-201.01 does not apply to STCA actions, affirmed dismissal as time barred, and declined to reach other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 25-201.01 (savings clause) may extend the STCA filing deadline | Saylor: § 25-201.01 is a savings clause, not a "statute of limitations," so § 81-8,227(5) does not bar its application to STCA claims | State/DCS: § 81-8,227(5) expressly limits applicable statutes of limitations to §§ 81-8,227 and 25-213, so § 25-201.01 cannot extend STCA filing time | Court: § 25-201.01 does not apply; § 81-8,227(5) restricts applicable statutes to §§ 81-8,227 and 25-213 |
| Whether Saylor’s May 30, 2017 suit was timely after the Oct. 19, 2012 denial | Saylor: prior filings and procedural history invoked the savings clause/other extensions making the 2017 suit timely | State/DCS: suit was filed well beyond the 6-month period after denial and no applicable STCA extension applies | Court: Suit was filed outside the STCA time limits and is time barred; dismissal with prejudice affirmed |
Key Cases Cited
- Komar v. State, 299 Neb. 301 (STCA governs tort claims against the State)
- JB & Assocs. v. Nebraska Cancer Coalition, 303 Neb. 855 (statutory language given plain meaning)
- SID No. 1 v. Adamy, 289 Neb. 913 (suits against the State are strictly construed)
- Larsen v. 401 Main Street, 302 Neb. 454 (summary judgment standard)
- Patterson v. Metropolitan Util. Dist., 302 Neb. 442 (independent review of statutory interpretation)
- Woodmen of the World v. Nebraska Dept. of Rev., 299 Neb. 43 (appellate courts need not address unnecessary issues)