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Nebraska court: County, not city, owes inmate medical bill

OMAHA, Neb. (AP) — The Nebraska Court of Appeals reversed Tuesday a lower court’s ruling that sided with Chase County over the city of Imperial in a fight over which was responsible for the hospital bill of a jail inmate.

The appeals court said the judge got it wrong when he ruled that the city owed a more than $400 hospital bill for a man who had been taken there at the request of Chase County Jail officials for evaluation after being arrested Christmas Eve 2016 by an Imperial police officer.

The man had been arrested on suspicion of disturbing the peace. Officials said that upon his arrival at the jail, he was intoxicated and uncooperative. A jail employee then asked the arresting officer to take the man to the hospital to be checked out.

After being evaluated at the hospital, the arrested man was medically cleared and taken back to the jail.

Later, the hospital presented both the county and city with a $436 bill for the evaluation and each entity denied payment, claiming the other was responsible. The southwestern Nebraska county filed a complaint with the Chase County District Court seeking a declaratory judgment as to who should pay the bill.

The city of Imperial appealed after the judge found it should pay.

The appeals court on Tuesday said Nebraska law makes clear that medical services necessitated by injuries suffered during an arrest are chargeable to the arresting agency. In all other cases, the agency housing the prisoner is responsible.

“It is undisputed that the arrestee in the present case did not require medical services because of an injury or wound suffered during the course of his arrest,” Judge Francie Riedmann wrote for the appeals court.

The appeals court also rejected the county’s argument that responsibility to pay medical costs comes only after the booking process into the jail has been completed.

“Application of the county’s argument would allow the County to circumvent payment for medical services for any person who is arrested, detained, or taken into custody by requiring medical services for that individual prior to completing the booking process,” the appeals ruling read.

Attorneys for the county and the city did not immediately return phone messages left Tuesday seeking comment.

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