OMAHA, Neb. (AP) — A federal appeals court has upheld the dismissal of a lawsuit against Nebraska and various state officials that faulted them for releasing a prisoner who killed an Omaha woman and three others shortly after he got out.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday upheld a district court's dismissal last year of the lawsuit brought by the husband of 33-year-old Andrea Kruger. The appeals panel agreed that the state is immune because the release of Nikko Jenkins was discretionary and protected by law.
The 33-year-old Kruger was pulled from her car on August 21st, 2013, in northwest Omaha and shot four times by Jenkins. Jenkins later pleaded no contest and was convicted of four counts of first-degree murder. His sentencing is pending.
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