Lancaster County District Judge John Colborn ruled in favor of the state of Nebraska earlier this month in the case of a man who was beaten while in the Diagnostic and Evaluation Center in 2003.
     Daniel Luethke, Seward, was punched and kicked by fellow prisoner Kevin J. Dix while in the Diagnostic and Evaluation Center in Lincoln. Luethke had been diagnosed with bipolar disorder. Dix was later convicted of manslaughter and is being housed at the Tecumseh State Correctional Institution.
     Luethke died of his injuries in 2005 after spending more than a year in a persistent, vegetative state.
     Colborn ruled that the jailers were not negligent in the incident.
     Leuthke's family sued the state of Nebraska to collect damages, including approximately $300,000 in medical expenses. In his ruling, Colborn said the evidence "is unpersuasive in establishing negligence on the part of the State or its D&E employees." No money was awarded to the family.
     Mike Nelsen of Omaha, the Luethke family's attorney in this case, is considering an appeal.