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Ex-inmate beaten in Lincoln prison loses negligence suit

LINCOLN, Neb. (AP) — A former Lincoln Correctional Center inmate who was brutally beaten by another inmate has lost his lawsuit against the state of Nebraska.

The Lincoln Journal Star reports that 59-year-old Rudy Rosales had sought $2.75 million from the state, plus $500,000 in medical bills, for negligence because a guard had let the attacker into his cell in November 2011.

Judge Darla Ideus ruled Monday that Rosales had failed to prove that the state had been negligent.

Ideus found that the state didn't know about the risk the other inmate posed, and therefore didn't fail in its duty to protect Rosales. Ideus also rejected Rosales' claim that the prison nurse who saw him hadn't given him proper medical care.

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Rosales was treated in the hospital for five months with bleeding in his brain after the assault.