151427P.pdf   04/07/2016  Michael-Ryan Kruger  v.  State of Nebraska
   U.S. Court of Appeals Case No:  15-1427
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Chief Judge Riley, Author, with Beam and Kelly, Circuit 
   Judges] 
   Civil Case - Civil Rights. Dismissal of claims of deliberate indifference 
   and state law negligence for releasing mentally ill inmate early from 
   incarceration against defendants in their official capacities on grounds 
   of immunity and waiver is affirmed. Grant of qualified immunity to 
   officials in their individual capacities, who released inmate is affirmed, 
   as there is no general substantive due process right to be protected 
   against the release of criminal from confinement; the two exceptions did 
   not apply: no special relationship existed as to the victim of the 
   released inmate and the state-created danger exception does not apply when 
   the increased danger was not to a limited, precisely definable group but 
   to the general public. The state law negligence claims against defendants 
   in their individual capacities were properly dismissed because the actions 
   were taken while acting in the scope of their employment. The official 
   capacity claims relating to the calculation of Jenkins's release date 
   properly fell within the discretionary function exception of the state 
   tort claims act and claims of mathematical error, a non-discretionary 
   function, was not properly pled. Decision not to seek civil commitment was 
   also a discretionary function and any mandatory duty to turn over 
   documents under state law was not properly pled. District court's 
   dismissal is affirmed. Judge Kelly concurs.