1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

TAMMI LARSEN, in her individual capacity, 

and as natural parent and legal guardian of 

RYAN LARSEN, a minor child,

Plaintiff,

v.

PAPILLION LA VISTA COMMUNITY 

SCHOOL DISTRICT, and JANE DOES 1-3, 

individually, and in their official capacities,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

 CASE NO.: _______________

COMPLAINT

COMES NOW Plaintiff, Tammi Larsen, by and through her counsel of 

record, for his causes of actions against the defendants, is informed and believes, 

and upon such information and belief, states and alleges:

INTRODUCTION

1. This is a lawsuit brought pursuant to the provisions of 42 

U.S.C. § 1983, the Individuals with Disabilities Education Act (“IDEA”), 

20 U.S.C. 1400, et seq, the Americans with Disabilities Act (“ADA”), 42 

U.S.C. § 12132 et seq., the Rehabilitation Act, 29 U.S.C. 794 et seq., the 

Nebraska Political Subdivisions Tort Claims Act (“PSTCA), Neb. Rev. 

Stat. § 13-902 et seq., and other applicable law, seeking relief for the 

disappearance of Ryan Larsen (“Ryan”). Due to the foreseeable and 

preventable discriminatory gross negligence by the staff at the La Vista 

West Elementary School, Ryan Larsen disappeared on May 17, 2021. 

Ryan has not been seen since. As a result, Ryan and Ms. Larsen have 

suffered significant trauma, pain, and suffering, as well as the loss of 

companionship with each other. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 1 of 12 - Page ID # 1
2

THE PARTIES

2. Plaintiff Tammi Larsen is a resident of Sarpy County, 

Nebraska, and natural parent and legal guardian of Ryan Larsen, a 

minor child.

3. Defendant Papillion La Vista Community School District 

(“the School District”) is a Political Subdivision of the State of Nebraska 

named as a Defendant in this lawsuit pursuant to the provisions of the 

PSTCA. The School District receives state and federal public funds. 

4. The true names and capacities of Defendants sued as Jane 

Does 1-3 are unknown individual employees at the School District, and 

Plaintiff prays for leave to amend to allege the true names and capacities 

when they are ascertained.

JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this lawsuit 

pursuant to 28 U.S.C. §§ 1331 and 1343 because Causes of Action 1-4 

arise under federal law. 

6. This Court has supplemental jurisdiction over the state law 

claims pursuant to 28 U.S.C. § 1367 because the actions and/or events 

giving rise to the state law claims are the same as those giving rise to the 

federal claims. 

7. Venue is proper in this Court pursuant to 28 U.S.C. §§ 

1391(b) and 1402(b) because the actions and/or events giving rise to this 

lawsuit occurred in Nebraska. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 2 of 12 - Page ID # 2
3

PROCEDURAL HISTORY

8. On or about February 1, 2022, and pursuant to Neb. Rev. 

Stat § 13-905 of the PSTCA, Tammi Larsen presented a written claim to 

the School District for monetary damages due to the injuries she and 

Ryan suffered as a result of the School District’s negligence, and the 

School District acknowledged receipt on February 3, 2022. More than six 

(6) months has lapsed since Tammi Larsen’s claim was submitted to the 

School District, and Tammi Larsen withdrew her claim from the School 

District’s consideration on May 3, 2023. 

9. On January 10, 2023, Plaintiff also filed a Petition for 

Appointment as Special Administrator of the Estate of Ryan Larsen and 

filed a Petition for Presumption of Death of Missing Individual in the 

County Court of Sarpy County, Nebraska. 

10. On February 21, 2023, the County Court of Sarpy County, 

Nebraska, held a hearing on the Petition for Presumption of Death of 

Missing Individual. Evidence was adduced, and arguments were heard. 

The matter was taken under advisement. 

11. On April 27, 2023, the County Court of Sarpy County 

entered an Order denying the Petition for Presumption of Death of 

Missing Individual, concluding that there was not yet sufficient clear and 

convincing evidence to conclude that Ryan “more probably died than 

survived” his May 17, 2021, disappearance. 

FACTUAL ALLEGATIONS

12. Ryan was born June 8, 2009, and began attending La Vista 

West Elementary School as a Kindergartener in 2014. 

13. At all relevant times, Ryan was a resident of La Vista, Sarpy 

County, Nebraska. 

14. Before enrolling in La Vista West Elementary School in 

2014, Ryan had already been diagnosed with absence seizures. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 3 of 12 - Page ID # 3
4

15. By the second grade, Ryan had been diagnosed with autism 

spectrum disorder and Tourette’s disorder. 

16. Ryan had substantially delayed learning, social, and 

communication skills due to his diagnoses. 

17. Ryan struggled to tell adults his needs and express his 

concerns or thoughts. 

18. Ryan had difficulty taking into account situational factors 

that would suggest the need to adjust his plan of action. 

19. Ryan was unable to care for himself; he could not regulate 

proper eating and drinking, and he was unable to identify and avoid 

dangerous situations. 

20. Because of his disabilities, Ryan was under an 

Individualized Education Plan (“IEP”) as a student who qualifies as 

disabled under the IDEA.

21. Ryan’s IEP was regularly updated and modified by a team 

of professionals specializing in special education employed by the School 

District.

22. The School District and its staff at La Vista West 

Elementary School were aware of and had first-hand knowledge 

regarding Ryan’s disabilities and special needs.

23. Specifically, the School District knew that Ryan needed to 

be supervised at all times as Ryan had a documented history of running 

away from school, including in the months and weeks before his 

disappearance.

24. Ryan ran away from school on or about January 16, 2021, 

April 28, 2021, and May 10, 2021. 

25. Despite its awareness of Ryan’s disabilities and needs, on 

May 17, 2021, Ryan was left alone and unsupervised in a classroom at La 

Vista West Elementary School. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 4 of 12 - Page ID # 4
5

26. Ryan walked, unattended, out of the front doors of the school 

in the middle of the day.

27. The school made no immediate attempts to prevent Ryan 

from leaving the school or school grounds. 

28. The school made no immediate attempts to retrieve Ryan 

and return him to the school. 

29. Ryan has not been seen since, and no evidence has been 

found to indicate his whereabouts. 

30. Despite an extensive search and recovery effort, Ryan’s body 

has not been recovered. 

31. It is more probable than not that Ryan died on or about his 

May 17, 2021, disappearance, as he would have been unable to care for 

himself. 

FIRST CAUSE OF ACTION:

VIOLATION OF THE REHABILITATION ACT, 29 U.S.C. § 

794

32. Ms. Larsen hereby incorporates by reference paragraphs 1-

31as though fully set forth herein.

33. The Rehabilitation Act prohibits discrimination against 

disabled persons and forbids the denial of benefits of federally funded 

programs to disabled persons. 

34. Under the Rehabilitation Act, a federally funded school 

district is required to provide “a free and appropriate public education to 

each qualified handicapped person who is in the recipient’s jurisdiction, 

regardless of the nature or severity of the person’s handicap.” 34 C.F.R. § 

104.33(a). 

35. The School District receives federal funds to provide 

educational services. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 5 of 12 - Page ID # 5
6

36. At all relevant times, Ryan was a disabled student entitled 

to the educational programs provided by the School District. 

37. The School District and Jane Does 1-3 failed to accommodate 

Ryan’s need for supervision and, despite their awareness of the severity 

of his handicap, acted with bad faith, gross misjudgment, or deliberate 

indifference to his handicap by leaving him unsupervised. 

38. The School District’s and Jane Does 1-3’s conduct was a 

gross departure from the professional judgment, standards, and practice 

of special education regarding the supervision of children with a history 

of elopement.

SECOND CAUSE OF ACTION:

VIOLATION OF THE ADA, 42 U.S.C. § 12132

39. Ms. Larsen hereby incorporates by reference paragraphs 1-

38 as though fully set forth herein.

40. The ADA provides that “no qualified individual with a 

disability shall, by reason of such disability, be excluded from 

participation in or be denied the benefits of the services, programs, or 

activities of a public entity, or be subject to discrimination by any such 

entity.” 42 U.S.C. § 12132.

41. The School District is a public entity providing educational 

services to the general public. 

42. As noted above, Ryan was a qualified individual with a 

disability and was denied the benefits of the School District’s programs.

43. The School District and Jane Does 1-3 acted in bad faith, 

used gross misjudgment, and were deliberately indifferent to Ryan’s 

rights, which caused the injuries he and Ms. Larsen suffered. 

44. The School District’s and Jane Does 1-3’s conduct was a 

gross departure from the professional judgment, standards, and practice 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 6 of 12 - Page ID # 6
7

of special education regarding the supervision of children with a history 

of elopement.

THIRD CAUSE OF ACTION:

42 U.S.C. § 1983 DENIAL OF A FREE APPROPRIATE 

PUBLIC EDUCATION IN VIOLATION OF THE IDEA, 20 U.S.C. § 

1400 ET SEQ.

45. Ms. Larsen hereby incorporates by reference paragraphs 1-

44 as though fully set forth herein. 

46. Section 1983 imposes civil liabilities upon state actors who 

deprive an individual of any rights, privileges, or immunities secured by 

the Constitution or laws of the United States.

47. The IDEA requires school districts to provide “all children 

with disabilities . . . a free appropriate public education (“FAPE”) that 

emphasizes special education and related services designed to meet 

their unique needs and prepare them for further education, 

employment, and independent living.” 20 U.S.C. § 1400(d)(1)(A). 

48. At all times, Ryan was a disabled student with the right to 

a FAPE under the IDEA. 

49. The School District, its employees, and its agents knew 

that Ryan was entitled to a FAPE.

50. The School District knew Ryan had a propensity to, and 

history of, running away from school and hiding in dark, quiet places.

51. The School District knew that Ryan’s education depended 

on his continuous supervision by a qualified adult. 

52. The School District and Jane Does 1-3 failed to provide the 

supervision necessary to meet Ryan’s unique needs a deprived him of a 

FAPE. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 7 of 12 - Page ID # 7
8

53. As a result, Ryan suffered the loss of his educational 

opportunities. 

54. Any administrative remedy available under the IDEA 

would have been futile because there was no forewarning that the 

School District would leave Ryan unattended. By the time Ryan had 

disappeared, any administrative remedy or adjustment to Ryan’s IEP 

would have been pointless. 

55. Any administrative remedy available under the IDEA 

would have been inadequate because it would have been incapable of 

providing the relief sought: monetary damages for Ryan’s 

disappearance.

FOURTH CAUSE OF ACTION

STATE-CREATED DANGER UNDER 42 U.S.C. § 1983 IN 

VIOLATION OF THE FOURTEENTH AMENDMENT.

56. Ms. Larsen hereby incorporates by reference paragraphs 1-

55 as though fully set forth herein.

57. A plaintiff may state a cause of action under § 1983 under 

the state-create danger doctrine when the state actor affirmatively 

created the danger that causes harm to an individual. 

58. The School District and Jane Does 1-3 are state actors. 

59. At all relevant times, Jane Does 1-3, and the employees of 

the School District were acting in compliance with the customs, 

procedures, and policies of the School District.

60. As a student with a disability, Ryan was a member of a 

limited, precisely defined group and was in the custody and control of the 

School District.

61. The School District and Jane Does 1-3 put Ryan at 

significant risk of serious, immediate, and proximate harm when its 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 8 of 12 - Page ID # 8
9

employees left him alone unsupervised and permitted him to leave the 

school grounds. 

62. The School District and Jane Does 1-3 acted recklessly and 

in conscious disregard of the risk Ryan posed to himself when they 

ignored their knowledge of his disability and watched him walk out of the 

school building without attempting to stop or retrieve him. 

63. In total, the School District’s and Jane Does 1-3’s behavior 

towards Ryan and his disability shocks the conscience. The employees of 

the School District had the opportunity to deliberate about their actions, 

had full knowledge of Ryan’s condition, and deliberately ignored their 

knowledge leading directly to Ryan’s disappearance. 

FIFTH CAUSE OF ACTION

NEGLIGENT SUPERVISION

64. Ms. Larsen hereby incorporates by reference paragraphs 1-

63 as though fully set forth herein.

65. A school district is liable for damages for negligent 

supervision when its employees fail to supervise children as a reasonably 

prudent person would in a similar circumstance. 

66. Ryan had a right, under Nebraska law, to prudent and 

reasonable supervision while he was at school. The School District and 

Jane Does 1-3 denied him that right to supervision. 

67. No reasonably prudent person would have left Ryan alone 

unsupervised with the knowledge of his disability and propensity to run 

away and hide. 

68. No reasonably prudent person would allow a young child to 

walk unaccompanied out of an elementary school building in the middle 

of the day.

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 9 of 12 - Page ID # 9
10

69. A reasonably prudent person would certainly not allow 

Ryan, with his disability, to walk out of the school building 

unaccompanied.

70. The failure of Jane Does 1-3 and the staff at La Vista West 

Elementary School to prudently supervise Ryan is the direct and 

proximate cause of his disappearance. 

SIXTH CAUSE OF ACTION

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

71. Ms. Larsen hereby incorporates by reference paragraphs 1-

70 as though fully set forth herein.

72. The School District, its employees, and agents, including 

Jane Does 1-3, intentionally and recklessly left Ryan alone unsupervised 

and permitted him to leave the school building unattended.

73. Considering Ryan’s disability, age, maturity, and 

developmental stage, the School District’s actions were outrageous and 

utterly intolerable.

74. The School District’s and Jane Does 1-3’s abdication of their 

obligation to supervise and care for Ryan goes beyond all possible bounds 

of decency.

75. The School District’s and Jane Does 1-3’s intentional and 

reckless refusal to prudently supervise Ryan led directly to his 

disappearance and caused Ms. Larsen severe emotional distress. 

76. Ms. Larsen suffers from and must now be treated for severe 

emotional trauma and distress. 

77. No reasonable person should be expected to endure the 

trauma of wondering what horrors have befallen her disabled child after 

he was allowed to wander off alone, never to be seen again. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 10 of 12 - Page ID # 10
11

DAMAGES COMMON TO ALL CAUSES OF ACTION IN 

PLAINTIFF’S COMPLAINT

78. Ms. Larsen hereby incorporates by reference paragraphs 1-

77 as though fully set forth herein.

79. As a direct and proximate result of the School District’s and 

Jane Does 1-3’s conduct, Ryan was exposed to the foreseeable and 

unreasonable risk of substantial harm and has suffered the loss of 

experiencing a normal educational life, mental and emotional distress, 

the loss of companionships of his mother and siblings, and likely lost his 

life. 

80. As a direct and proximate result of the School District’s and 

Jane Does 1-3’s conduct, Ms. Larson has suffered severe emotional 

distress caused by his disappearance, the loss of his companionship since 

his disappearance, and has probably lost her son forever. 

81. Ms. Larsen and Ryan are entitled to monetary damages, 

attorney fees, and costs pursuant to 29 U.S.C. § 749, 42 U.S.C. §§ 12133, 

1983, 1988, and Neb. Rev. Stat § 13-926. 

WHEREFORE, Ms. Larsen prays this Court enter judgment against the 

Defendants, jointly and severally, on her First, Second, Third, Fourth, Fifth, and 

Sixth, Causes of Action for the general and special damages that she and Ryan

have and will continue to sustain; punitive damages as appropriate; 

prejudgment and post-judgment interest thereon at the highest legal rate; the 

costs of this lawsuit; attorneys fees; and such further relief as the Court deems 

just and equitable. 

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 11 of 12 - Page ID # 11
12

DEMAND FOR JURY TRIAL

To the extent a jury trial is permitted by applicable law, Ms. Larsen

demands a trial by jury on all matters that are triable to jury, and that the trial 

be held in the United States District Court for the District of Nebraska located 

in Omaha. 

DATED this 12th day of May, 2023.

TAMMI LARSEN, Plaintiff

By: /s/ Sean M. Conway

Sean M. Conway, #23490

Chandler | Conway, PC LLO

1018 Dodge Street, Suite 5

Omaha, NE 68102

(402) 933-6858

and

Michael B. Duffy #27529

FRASER STRYKER PC LLO

500 Energy Plaza

409 South 17 Street

Omaha, NE 68102

(402) 341-6000

Attorneys for Petitioner

8:23-cv-00190-JFB-MDN Doc # 1 Filed: 05/12/23 Page 12 of 12 - Page ID # 12