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Defendant's Attorney: Christine E. Seck and Terrance O. Waite

Description: Omaha, Nebraska civil rights lawyers represented Plaintiffs, who sued Defendants federal and state law constitutional law violation theories.


Rachel Ritke and her mother, Dori Houx, allege several different claims, based in both federal and state law, arising from the execution of a search warrant at their family residence and subsequent placement of Ritke, then a minor, in temporary out-of-home custody. Specifically, Ritke asserts three state law claims against Craig Schuessler regarding his conduct when she was temporarily placed in his custody. This matter is before the Court on the motion to dismiss (filing 21) filed by Schuessler, asserting that this Court lacks jurisdiction over those state law claims against him.


Ritke and Houx lived in Potter, Nebraska. Filing 5 at 1. On April 20, 2018, Ritke was involuntarily removed from her home following the execution of a search warrant by Defendant Jim Bush, and placed into the custody of Defendant Jim Schuessler by Defendant Jennifer Burgess, a case manager with the Nebraska Department of Health and Human Services ("DHHS"). Filing 5 at 2-3. The claims brought against the Defendants arise from this

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series of events. This case is still at the pleading stage, which means that, for now, the Court is required to assume that the plaintiffs' allegations are true.

Bush is a police officer employed by the Sidney, Nebraska Police Department. Filing 5 at 6. After reports of someone smoking marijuana at Ritke and Houx's residence, Bush and an investigator performed two trash pulls outside. Filing 5 at 7. They found packages from Colorado-based marijuana companies, but the packages tested negative for marijuana residue. Filing 5 at 7-8. Bush nonetheless applied for a search warrant from the District Court of Cheyenne County, and it was issued. Filing 5 at 8. Bush and a tactical team executed the search warrant in full tactical gear and woke up Ritke by yelling and pointing firearms in her direction. Filing 5 at 9. Houx was not home at the time of the search. Filing 5 at 8.

Houx was on her way home but when she saw the police cruisers, she left the area. Filing 5 at 9. Houx then went to Schuessler, her next-door neighbor, to borrow a phone to call Ritke. Ritke told Houx that police were searching the home for marijuana. Filing 5 at 9. Bush saw Ritke talking on her cellphone, and confiscated it. Filing 5 at 9. Houx was scared that she would be held in custody over the weekend if she could not produce bail money, so she went to Wyoming, then to Ritke's father's home in Colorado to collect bail money. Filing 5 at 9-10.

During the execution of the search warrant, Schuessler entered Houx's residence. Filing 5 at 10. Schuessler, who is not a law enforcement officer, spoke with Bush and took photos at the residence. Filing 5 at 10. Schuessler and Bush are allegedly long-time friends. Filing 5 at 24. The plaintiffs allege that Schuessler's presence served no legitimate law enforcement purpose, and that he was obviously intoxicated. Filing 5 at 10. Schuessler repeatedly told Bush that he could take custody of Ritke. Filing 5 at 10. Bush also asked

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Schuessler to contact Skipp Batt, a friend of Houx and father figure to Ritke, to ask about Houx's location. Filing 5 at 10. During the call, Schuessler presented himself as acting on behalf of law enforcement. Filing 5 at 11. After the call, Schuessler returned to his home. Filing 5 at 10. Schuessler's daughter was friends with Ritke, and Bush later asked Schuessler to return to the residence with his daughter to help Ritke calm down. Filing 5 at 11. By late afternoon that day, the search warrants had been executed, and Bush drove Ritke to the Sidney Police Department. Filing 5 at 12.

Schuessler called Ritke's father, again presenting himself as acting on behalf of law enforcement, and told him that Ritke was in police custody. Filing 5 at 13. Bush began interrogating Ritke, but then Ritke's father called to demand that he stop. Filing 5 at 13. Bush said he was legally permitted to interrogate Ritke without a parent or guardian present. Filing 5 at 13. Bush also refused to release Ritke into her father's custody. Filing 5 at 13. Ultimately, Bush charged Houx with possession of marijuana weighing more than one pound, although Bush stated the search produced only "suspected hash/THC wax and half an ounce of marijuana." Filing 5 at 13, see Neb. Rev. Stat. § 28-416(12). Bush was aware at the time that Ritke had a medical condition and used marijuana to treat pain. Filing 5 at 21.

Bush swore an affidavit in support of removing Ritke from Houx's custody, including a statement that Houx was at a female neighbor's home during the execution of the search warrant. Filing 5 at 14. Yet, during subsequent investigation, Bush asked Schuessler's daughter about Houx's presence at their home during the execution of the search warrant. Filing 5 at 14. The county court granted an Application for Temporary Custody which placed Ritke into the custody of the DHHS. Filing 5 at 14-15.

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Burgess, Ritke's case manager, was to place Ritke in a suitable residence. Filing 5 at 15. Bush then informed Burgess that Schuessler agreed to accept custody of Ritke earlier that day. Filing 5 at 15. At Bush's suggestion, Burgess transported Ritke to Schuessler's residence. Filing 5 at 15. Houx had previously told Ritke not to be alone with Schuessler, due to his alleged alcoholism and past sexual harassment toward Houx and other women in town. Filing 5 at 15. After Ritke spoke with Schuessler's daughter and learned that she wasn't home, Ritke asked Burgess not to place her in Schuessler's custody until Schuessler's daughter returned. Filing 5 at 15. Burgess allegedly admitted to Ritke that she was aware of Schuessler's alcohol abuse. Filing 5 at 16. But Burgess said that Ritke had to be placed at that time because it was too late to take her to a group foster home in Omaha. Filing 5 at 16.

According to the plaintiffs, when Ritke and Burgess arrived at Schuessler's residence, he was significantly and visibly intoxicated. Filing 5 at 16. Schuessler was unable to remember filling out the paperwork with Burgess, was unable to form coherent sentences when speaking with Burgess, and fell out of his chair while completing the paperwork. Filing 5 at 16. While speaking with Burgess, Schuessler repeatedly made lewd comments and said he would make Ritke his "cleaning bitch." Filing 5 at 16. Burgess later completed a Safety Assessment Report regarding her interactions with Schuessler, but nevertheless approved Ritke's placement with Schuessler. Filing 5 at 17.

After Burgess left Ritke alone with Schuessler, Schuessler sat in the living room with Ritke and began making lewd comments. Filing 5 at 17. Ritke ignored him, but Schuessler continued. Filing 5 at 17. Ritke then told him "No" and "Stop" which angered him. Filing 5 at 18. Ritke attempted to change the subject and talk to him about his daughters, but he continued making sexually

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suggestive comments. Filing 5 at 18. Ritke asked Schuessler to call his daughter, and during the call Ritke begged his daughter to come home. Filing 5 at 18. Schuessler's daughter told Ritke she was 40 minutes away. Filing 5 at 18.

After the call, Schuessler continued making sexual remarks towards Ritke and then "shot up" from his recliner prompting Ritke to do so as well. Filing 5 at 18. Schuessler then grabbed Ritke's shoulders until she broke free and ran up to his daughter's bedroom where she shut and barricaded the door. Filing 5 at 19. Schuessler's daughter returned home 40 minutes later and left with Ritke. Filing 5 at 20.

The plaintiffs allege that Schuessler then began sending sexually explicit text messages to Burgess. Filing 5 at 20. Burgess was at the Sidney Police Department when she received the messages and decided it was necessary to remove Ritke from Schuessler's custody. Filing 5 at 20. Burgess learned that Ritke was no longer at the residence and called Schuessler's daughter to ask Ritke to return to Schuessler's residence. Filing 5 at 21. Upon her return, Burgess asked Ritke who she could stay with and, at Ritke's request, took her to Batt's residence, performed a Safety Assessment Report, and approved Ritke's placement with Batt. Filing 5 at 21. Batt later confirmed that Burgess informed him that Schuessler had sent her sexual text messages. Filing 5 at 21.One week later, Ritke was permitted to return to Houx's custody under DHHS supervision. Filing 5 at 21.

Following the events of April 20, 2018, Ritke alleges she began experiencing emotional distress. Filing 5 at 26. She ultimately failed 11thgrade. Filing 5 at 4.

The complaint additionally suggests that efforts were made to conceal the events of April 20, 2018. Filing 5 at 22-26. Ritke reported the events,...

Outcome: Motion denied.

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Defendant's Experts:

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