United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge
matter is before the court on its own motion. For the reasons
set forth below, the court will order that the
above-captioned actions be consolidated.
Case No. 8:16CV131
March 25, 2016, Plaintiff Veronica Valentine filed suit,
naming the City of Omaha, "8 Unknown Jane-John Omaha
Police Officers, " and Omaha Police Officer Chris Brown
as Defendants. Plaintiff alleged that she was the subject of
a search warrant dated July 16, 2015. A state court
authorized the search warrant in response to an application
and affidavit submitted by Officer Chris Brown. The face of
the warrant authorized law enforcement to search
Plaintiff's residence and also her "person."
(Filing No. 4 at CM/ECF p. 7.)
alleged that upon executing the search warrant, two female
police officers (identified as "Jane Does")
instructed her to remove her clothing and "spread [her]
legs apart bend over and cough." (Filing No. 4 at
CM/ECF p. 2.) Over Plaintiff's objection, the Jane
Doe officers searched Plaintiff's vagina and anus.
(Filing No. 4 at CM/ECF p. 2.)
25, 2016, the court conducted an initial review of
Plaintiff's Complaint pursuant to 28 U.S.C. §
1915(e). The court concluded Plaintiff had not
sufficiently plead that the City of Omaha had a policy or
custom that violated Plaintiff's constitutional rights.
Therefore, the court dismissed Plaintiff's claims against
the City of Omaha, as well as Plaintiff's official
capacity claims against the officers. The court also found
that Plaintiff's conclusory allegation that the search
warrant was "bogus" was insufficient to state a
claim against Officer Chris Brown.
court determined, however, that Plaintiff stated a plausible
Fourth Amendment individual-capacity claim against the two
Jane Doe Defendants who performed the body cavity search. The
court gave Plaintiff 30 days in which to take reasonable
steps to identify the two Jane Doe Defendants and to notify
the court of their names. To date, Plaintiff has not taken
further action in this case.
Case No. 8:16CV174
April 19, 2016, Plaintiff filed suit against the City of
Omaha, Chief of Omaha Police Schmader, and Unknown John and
Jane Doe Police. The Complaint did not indicate whether the
officers were sued in their individual or official
alleged that in July, 2015, Omaha Police Officers (identified
as "John and Jane Doe") broke into her house with a
"bogus" search warrant. (Filing No. 1 at CM/ECF
p. 1.) She claimed that the unknown police officers
searched her vagina and anus. Plaintiff alleged that as a
result of the illegal search, she was charged and indicted
for possession of a controlled substance. Also, she claimed
that the police officers used excessive force when they
arrested her. Plaintiff requested that the court enjoin
Defendants from issuing "bogus" warrants and
"enjoin any prosecution of Plaintiff arising as a result
of any search perpetrated" on her. (Filing No. 1 at
CM/ECF pp. 2-3.)
initial review, the court concluded that Plaintiff had failed
to state a claim against the City of Omaha because she had
not sufficiently alleged a custom or policy that violated her
constitutional rights. Also, because Plaintiff's
Complaint did not specify whether she was suing the officers
in their official or individual capacities, the court
presumed they were sued in their official capacities only,
and found Plaintiff had failed to state cognizable claims
against the officers. Nevertheless, the court provided
Plaintiff with an opportunity to file an amended complaint.
Plaintiff was advised that failure to file an amended
complaint within the time specified by the court would result
in the court dismissing this case without further notice.
did not file an amended complaint as directed by the court.
Instead, Plaintiff filed a "Motion, " stating that
she has been unable to discover the identities of the
"Jane Doe" Defendants. She requested that the court
direct the City of Omaha to provide the names of the two
officers involved in the body ...