(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416 , justification is an affirmative defense. (2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.
Neb. Rev. Stat. § 28-1416
Justification an affirmative defense; available in certain civil actions
Applied in 5 court decisions — leading case State v. Ryan (1996)
Most recently applied in Dugan v. Sorensen (June 2025)
Laws 1972, LB 895, § 11; R.R.S.1943, § 28-843, (1975); Laws 2012, LB804, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.