Judge Dismisses Case Against Jenson

Allegations of civil rights violations against Cheyenne County Sheriff John Jenson have been dismissed by a federal judge.

Judge Richard G. Korf dismissed claims against Jenson and Kevin Spencer, the Scottsbluff police chief. The case originated with a complaint filed in Lancaster County District Court last October, where two Nebraska Crime Commission members, Lisa Stamm and Vanessa Humaran, sued Jenson, Spencer and Scottsbluff County Sheriff Mark Overman for harassment. Stamm and Humaran claimed the officials violated their right to privacy, right against unlawful search and seizure, right to equal protection under the law, violated Stamm's right to free speech, and engaged in a conspiracy to violate Stamm and Humaran's constitutionally-protected rights. Also named in action were Cheyenne County, Scottsbluff County, and the City of Scottsbluff.

The pair claimed the actions were in retaliation after the Crime Commission denied funds to the Western Intelligence Narcotic Group due to "non-compliance." The suit claimed Stamm was subjected to "unlawful and harassing conduct" from the sheriffs and police chief.

The suit also alleged Jensen used the Nebraska Criminal Justice Information System to perform an unlawful search on Stamm.

Spencer was alleged to have used the NCJIS to conduct unlawful searches on Humaran after she assumed some duties of administering JAG, the grant funding WING.

According to the complaint, the "unlawful search was a blatant violation of Humaran's rights to privacy, rights against unlawful search and seizure, and was done for the sole purpose of harassing Humaran."

The case, less Overman, was transferred to federal court in November. While there, Stamm's attorney filed to amend the complaint, adding evidence regarding use of the NCJIS. A motion to dismiss the case was also filed on behalf of Jenson.

In making his ruling, Judge Korf filed a 37-page memorandum outlining the case. In it, Korf ruled that Stamm's Fourth Amendment rights were not violated and "...will be dismissed because the facts alleged are not sufficient to create a plausable inference that Plaintiffs were deprived of their Fourth Amendment rights..."

Korf similarly said Stamm's right to privacy was not violated, nor her right to free speech. He also said there was no evidence of conspiracy between the defendants.

In his conclusion, Judge Korf wrote "While Plaintiff's allegations may sufficiently indicate that Defendants Jenson and Spencer violated Nebraska law by accessing information about Plaintiffs in the NCJIS database... they are not sufficient to state a plausible claim for relief... against any Defendant for alleged constitutional violations or civil rights complaints."

Korf went on to dismiss all complaints without prejudice.

The Sun-Telegraph has left a message for Sheriff Jenson to comment on the case. He has not responded as of the deadline for this story.