Legal Opinion

Daniels Ex Rel. Jones v. Andersen

Nebraska Supreme Court

Decided December 31, 1975No. 39945PublishedCited by 50 opinions

1Opinion of the CourtWhite, C. J.

This is a negligence action brought against members of the Omaha police department and the City of Omaha, Nebraska. The District Court, sitting without a jury, found for the plaintiff and awarded him $200,000 in damages. The defendant city appeals. We affirm the judgment of the District Court.

The plaintiff, Leonard L. Daniels, a 50-year-old male, was arrested by members of the Omaha police division on September 21, 1970, and booked on the charge of “drunk-no prosecution.” It is the practice of the Omaha police division to arrest persons who are so intoxicated that they are in danger of…

2Cases cited10 opinions

  1. Coyle v. StopakNebraska Supreme Court · 1957
  2. Barlow v. City of New OrleansSupreme Court of Louisiana · 1970
  3. Johnson Ex Rel. Johnson v. Metropolitan Utilities DistrictNebraska Supreme Court · 1964
  4. O'DELL v. GoodsellNebraska Supreme Court · 1950
  5. Horky v. SchrollNebraska Supreme Court · 1947

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3Cited by50 opinions

  1. Durflinger v. ArtilesSupreme Court of Kansas · 1983
  2. Clemets v. HestonOhio Court of Appeals · 1985
  3. Giraldo v. Department of Corrections & RehabilitationCalifornia Court of Appeal · 2008
  4. Lipari v. Sears, Roebuck & Co.District Court, D. Nebraska · 1980
  5. Durflinger v. ArtilesCourt of Appeals for the Tenth Circuit · 1984

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