Judge dismisses lawsuit over 2015 Nebraska prison riot

Nebraska Prison Riot

A federal judge has dismissed a Nebraska inmate's lawsuit alleging prison officials failed to protect him from gangs and fires in a 2015 riot that left two dead.

The Lincoln Journal Star reports that the lawsuit was tossed out Friday. The judge found no evidence that prison staff were deliberately indifferent to Brian Guerry's health and safety in the May 10, 2015 riot at the Tecumseh State Correctional Institution.

Guerry alleges he was exposed to burning plastic and blood in water in his cell for days after the riot. He alleges prison staff allowed general population inmates to prey on protective custody inmates in the riot.

Senior U.S. District Judge Richard Kopf says prison official's actions were responses to the emergency situation and not due to "sadistic or malicious intent."

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