This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Nebraska Complaint for Wrongful Interference with Right to Possession for Burial is a legal document filed by individuals or entities who believe that their right to possess and control the remains of a deceased person has been unlawfully interfered with. This complaint seeks to address instances where someone unlawfully or without legal authority, interferes with the rights of another individual or family to make arrangements for the burial or final disposition of a loved one. Key points to consider in this complaint may include: 1. Parties Involved: The complaint typically outlines the names and contact information of the plaintiff (the person filing the complaint) and the defendant (the alleged wrongdoer). 2. Allegations and Interference: The complaint should provide a detailed account of the specific actions taken by the defendant that constitute wrongful interference with the plaintiff's right to possess and control the remains for burial or final disposition. This may include removing the body without consent, altering the intended burial plans, or preventing access to the remains. 3. Legal Basis: The complaint should reference relevant Nebraska statutes and laws that protect the rights of individuals to possess and control the remains of a deceased person. For example, reference may be made to Nebraska Revised Statutes section 30-2226, which grants the rights of sepulcher to certain individuals, including the surviving spouse, children, or next of kin. 4. Damages Sought: The complaint may include a request for specific relief, such as an injunction to prevent further interference or to compel the defendant to return the remains. It may also seek monetary damages for emotional distress, loss of consortium or support, or any other damages resulting from the interference. Variations or types of Nebraska Complaint for Wrongful Interference with Right to Possession for Burial may include: 1. Individual vs. Individual: This type of complaint may involve a situation where one individual unlawfully interferes with the rights of another individual to possess and control the remains for burial. 2. Individual vs. Funeral Home: In cases where a funeral home or its staff unlawfully interferes with the rights of the deceased's family to possess and control the remains, a complaint may be filed against the funeral home. 3. Individuals vs. Government Entity: Complaints may also arise when a government entity, such as a coroner's office or medical examiner's office, wrongfully interferes with the rights of the deceased's family to possess and control the remains. In conclusion, a Nebraska Complaint for Wrongful Interference with Right to Possession for Burial is a legal document filed in response to alleged wrongful interference with an individual's right to possess and control the remains of a deceased person. This complaint outlines the details of the interference, identifies the parties involved, references relevant laws, and seeks appropriate relief or damages.
