161560P.pdf   01/19/2017  John Montin  v.  Y. Moore
   U.S. Court of Appeals Case No:  16-1560
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Riley, Author, with Beam and Loken, Circuit Judges] 
   Civil case - Medical malpractice. In action by person held for 20 years 
   following a jury finding that he was not responsible for his crimes by 
   reason of insanity, plaintiff's state law malpractice claim was improperly 
   filed in federal court under the Nebraska State Tort Claims Act; if the 
   court assumes that Nebraska has waived its sovereign immunity in this 
   instance, any waiver of that immunity does not extend to actions brought 
   in federal court as the Act specifically requires that the claim be 
   brought in the state district court of the county in which the act or 
   omission occurred; with respect to plaintiff's claim that he was 
   unnecessarily confined, the actions alleged were negligence or, at worst, 
   gross negligence, and such claims were properly dismissed as they do not 
   implicate the protections of the Due Process Clause; plaintiff failed to 
   address the dismissal of his retaliation in his appellate brief, and the 
   district court order dismissing the claim is affirmed.