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1983 Nebraska Attorney General Reports and Opinions 1 (1983)

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January 6, 19E3

PAUL L DOKaLAS
Attorwy Gwweoae
GERALD a VI AI#VA5
CapAy Attowrwy Gewt&
JOHN a THOWSON'
Dety Attcore Ge****.

Senator Rex Haberman
Member of the Legislature
State Capitol Building
Lincoln, NebraskA 68509

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Dear Senator Haberman:
You have inquiree vhether a bill containing the following
language would relieve counties and munic.palities of liability
due to the negligent or intantional acts of their prisoners
assigned to community service projects during their incarcer-
ation. No prisoner who works on a connunity service related
project shall be deemed an agent, employee, or servant of the
city, county, or court having jurisdiction over the prisoner.
At the outset we must note that there are numerous potential
theories of political subdivision liability which come to
mind which would not be avoided by the language you propose,
e.g., negligent supervision of prisoners, federal civil
rights liability for acts of prisoners. There may well be
other theories of potential liability which do not occur to
us absent a specific set of facts and we do not presume to
encompass them in this opinion.
It is our opinion, however, that the language you propose,
if incorporated as a part of the Political Subdivisions Tort
Claims Act, Neb.Rev.Stat. S23-2401 et seq. (Reissue 1977),
could protect prlitical subdivisions from a portion of their
potent...ail iability under a correctional program such as you
have described. We cannot, however, based on the information
presently before us, give you a comprehensive assurance that
political subdivi'ion liability can be avoided by the
enactment of the language you propose.
Very truly yours,
PL L. DOUGLAS
ttrney General

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