Sen. Conrad files broader LB 236 to expand political‑subdivision liability for abuse and assault

Senator Danielle Conrad formally introduced LB 236 to the Judiciary Committee as a broader companion to LB 156, saying the measure would amend both the Political Subdivisions Tort Claims Act and the State Tort Claims Act to hold political subdivisions accountable when their failure to exercise reasonable care allows abuse or sexual assault to occur.

Conrad told the committee that LB 236 would allow claims when a child is abused or sexually assaulted because a political subdivision or its employee failed either to control a person in the subdivision’s custody or to protect someone under the subdivision’s care, custody or control from harm inflicted by a non‑employee. “The aim of LB 236 is to ensure entities responsible for the welfare of children or vulnerable individuals are held to an appropriate standard of care and accountability,” she said.

The bill is explicitly broader than LB 156 and would apply beyond school settings to other political subdivisions, including county and correctional contexts, lawmakers were told. Jennifer Turco Meyer, president‑elect of the Nebraska Association of Trial Attorneys and an Omaha civil practitioner, testified in support of LB 236 and said the measure is about “justice and accountability,” emphasizing that negligence standards require proof of reasonable care and that not every victim claim will succeed on the merits.

Conrad said LB 236 was drafted in direct response to the Nebraska Supreme Court’s Moser decision and other recent case law and that the committee should expect detailed witness testimony from proponents and opponents in subsequent hearings. She described LB 236 as a follow‑up attempt to address gaps created by court decisions and to provide a civil path for victims harmed while under the charge or custody of government entities.

Committee members asked initial questions about scope and the bill’s interaction with federal 42 U.S.C. § 1983 claims, with several senators signaling interest in technical amendments, including definitions, standards of care, and whether caps or limits should apply when political subdivisions are sued. Senator Conrad said she expected additional testimony and understood the bill raised complex fiscal and legal questions.

Ending: LB 236 was introduced and scheduled for committee consideration. Committee members and witnesses indicated further hearings will follow, where proponents and opponents will have additional opportunities to detail drafting changes, fiscal impacts and proposed limits on liability.