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Family sues Neb over murder of prisoner by cellmate

By Associated Press

11/28/2018

TECUMSEH, Neb. (AP) - The family of a man strangled by his cellmate at a Tecumseh State Correctional Institution has sued the state, the prisons director and prison staff.

Twenty-two-year-old Terry Berry was killed in April 2017 by cellmate Patrick Schroeder, who told investigators he killed Berry for being too talkative. In June Schroeder was sentenced to death .

A federal lawsuit filed Monday in Omaha says the prisons department and prison officials violated Berry's civil rights. The lawsuit seeks unspecified damages for Berry's pain and suffering as well as punitive damages.

A companion state lawsuit was filed Monday in Johnson County District Court in Tecumseh, where the prison is situated. It alleges the prison had pervasive overcrowding and understaffing issues that increased the risk of assaults.

State and departmental representatives don't comment on pending litigation. The state hasn't yet filed responses to the lawsuits.

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