Nebraska Supreme Court revives vaccine mandate case against Creighton

The Nebraska Supreme Court on Friday revived parts of a case against Creighton University surrounding its decision to require COVID-19 vaccines in the fall 2021 semester.

The group of students brought the case forward after being kicked out of the college for refusing to get the vaccine due to religious reasons. Creighton at the time allowed students to opt out of the vaccine for a valid medical reason, but not for religious reasons. A Douglas County District Court judge had dismissed their allegations, saying the students had failed to state a claim. However, the Supreme Court said in its opinion that two of the claims have basis: a breach of contract and alleged harm from not having access to their grade transcripts or class credits.

The students alleged there is an implied contract with the university based on “Creighton’s offer to educate the students in exchange for the students’ completion of enrollment forms and payment of tuition,” according to the opinion. The court further stated that the students have enough basis to allege the university breached that contract by kicking them out and withholding their transcripts.

The students also claimed the university wrongfully withheld their transcripts and the ability to transfer class credits to another university, despite paying tuition and fees. The court found merit in this claim as well.

In a statement, the students’ lawyer Robert Sullivan said his clients are “eager” to continue the case.

"My clients remain eager to secure justice for the mistreatment they have endured at the hands of Creighton University and its imprudent vaccine mandate," the statement read. "Decisions by those in positions of authority in our institutions of higher learning must always respect the individual rights, contractual rights, and the well-formed consciences of their students. The courage and unwavering determination of these students will help ensure that secular and religious educational institutions will do a much better job of respecting the rights and consciences of their students in the future. There is a tremendous amount of work ahead of us in this case, but we are pleased with today’s Supreme Court decision and look forward to the litigation ahead."

Other parts of the case were thrown out: negligence, violations of the Nebraska Consumer Protection Act and problems with due process.

Creighton University has since added a religious exemption to getting the COVID-19 vaccine, but the court found that wasn’t enough grounds to dismiss the case due to the harm the students allege. A university spokesperson said the university is aware of the ruling and is reviewing the decision.