Nebraska § 29-4604 Recovery of damages; determination
of amount; restrictions

Nebraska Statutes

§ 29-4604 — Recovery of damages; determination of amount; restrictions

Nebraska § 29-4604

Ch. 29Criminal Procedure

This text of Nebraska § 29-4604 (Recovery of damages; determination of amount; restrictions) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 29-4604 (2026).

Text

(1)A claimant under the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall recover damages found to proximately result from the wrongful conviction and that have been proved based upon a preponderance of the evidence.

(2)The following costs shall not offset damages:

(a)Costs of imprisonment; and

(b)Value of any care or education provided to the claimant while he or she was imprisoned.

(3)No damages shall be payable to the claimant for any period of time during which he or she was concurrently imprisoned for any unrelated criminal offense.

(4)In no case shall damages awarded under the act exceed five hundred thousand dollars per claimant per occurrence.

(5)A claimant's cause of action under the act shall not be assignable and shall not survive the claimant's death.

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(1) A claimant under the Nebraska Claims for Wrongful Conviction
and Imprisonment Act shall recover damages found to proximately result from
the wrongful conviction and that have been proved based upon a preponderance
of the evidence.
(2) The following
costs shall not offset damages:
(a) Costs of imprisonment; and
(b) Value of
any care or education provided to the claimant while he or she was imprisoned.
(3) No damages
shall be payable to the claimant for any period of time during which he or
she was concurrently imprisoned for any unrelated criminal offense.
(4) In no case shall
damages awarded under the act exceed five hundred thousand dollars per claimant
per occurrence.
(5)
A claimant's cause of action under the act shall not be assignable and shall
not survive the claimant's death.

Legislative History

Source: Laws 2009, LB260, § 4. Annotations: Where damages are subject to a statutory cap, the determination of damages is a two-stage process which involves an initial factual determination of the actual damages sustained by the injured party and then a legal application of the statutory cap if the actual damages exceed the statutory maximum recoverable amount. Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).