A lawsuit that claimed a long-time Husker home-game tradition threatened his children and nearly all species of animal and fowl has been dismissed by a federal judge.
U.S. District Court Judge Laurie Smith Camp dismissed a lawsuit filed by Randall Krause of Omaha against the University of Nebraska Board of Regents.
Krause had claimed in his lawsuit filed in May that the release of thousands of red balloons when the Huskers scored their first points of a game put nearly all species of small animals, marine mammals, turtles, and nearly all species of birds at risk. He claimed it also posed a threat to his children.
The balloon release began in the late 1950s.
The university argued that the board as a state agency is immune from federal lawsuits under the 11th Amendment. Camp agreed.