Nebraska Supreme Court lets Ryan Larsen’s mother proceed with suit against Papio La Vista

LINCOLN, Neb. (KLKN) — Nebraska’s high court ruled Friday that a woman whose son disappeared after leaving school can sue the district.

The Nebraska Supreme Court found that a lower court was too quick to dismiss Tammi Larsen’s lawsuit against Papillion La Vista Community Schools.

The justices said there was not enough information yet to determine whether the school district is immune from Larsen’s claims.

SEE ALSO: Ryan Larsen’s mother seeks to have him declared dead

On May 17, 2021, Ryan Larsen left La Vista West Elementary School and was never seen again.

The 12-year-old was on the autism spectrum and also had Tourette’s syndrome and seizures, according to court documents.

His mother said he couldn’t take care of himself or make rational choices.

SEE ALSO: One year later, Ryan Larsen is still missing, and authorities are puzzled

Extensive searches for the boy turned up no concrete evidence of what happened.

Cadaver dogs suggested that there were human remains in a lake near the school, but a body has never been found.

Tammi Larsen argues it is “more likely than not” that her son is dead, but he has not been legally declared deceased.

SEE ALSO: School district to install cameras after boy’s disappearance

Larsen sued Papillion La Vista, alleging that the school failed to adequately supervise Ryan and caused her emotional distress.

Her complaint says her son had walked away from the school three times earlier that year.

It also alleges that on the day of his disappearance, three district employees watched him leave the school and did not intervene.

SEE ALSO: Investigation continues for Ryan Larsen 6 months after disappearance

The Sarpy County District Court threw out her lawsuit, ruling that Larsen’s claims fall under sovereign immunity.

That provision of state law exempts governments — including school districts — from lawsuits under certain circumstances.

Papio La Vista argued that it should be exempt because employees were carrying out an official regulation: Ryan’s individualized education plan.

Under sovereign immunity, public employees cannot be sued for something that happens while “exercising due care” in enforcing a law, ordinance, rule or regulation.

SEE ALSO: Investigation continues into missing La Vista boy nearly 2 months later

The school district said it was also covered by the discretionary function exemption of sovereign immunity, arguing that leaving Ryan unsupervised was a policy decision that was the school’s to make.

But the supreme court ruled that it was impossible to determine whether either of those exceptions applied based solely on the arguments presented in the lawsuit.

The justices said there could be a “plausible path” to liability and wrote that “a more fully developed factual record is needed” to decide whether the district can be sued.

The court sent the case back to Sarpy County District Court for more proceedings.