The father of a 4-year-old boy who died in 2009 as a result of child abuse says Nebraska officials should have taken the boy into protective custody.

The Kearney Hub reports that 40-year-old Clinton Payne has filed a $1 million wrongful death claim against the Nebraska Department of Health and Human Services.

The South Dakota man says social workers had more than 50 contacts with his sister, Sharon Turnell, and her husband, Charles Turnell, before his son, Landon Payne, died.

Landon Payne was living with the Turnells because Clinton Payne was in a South Dakota prison. Landon had severe head trauma and dozens of cuts and bruises when he died.

Dustin Scoville and Sharon Turnell were sentenced to 49-to-50 years in prison. Charles Turnell, was sentenced to 19-to-20 years.