Rowe v. Nebraska Highway Patrol et al

OCR transcription for search; preserved printed pages are authoritative

8:25-cv-00381-JFB-PRSE
Doc # 7 Filed: 01/12/26
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
PODJO JAMMAR ROWE,
Plaintiff,
8:25CV381
VS.
MEMORANDUM AND ORDER
NEBRASKA HIGHWAY PATROL, KYLE GAUNDREAULT, and ERIC ROSEMANN,
Defendants.
Plaintiff Podjo Jammar Rowe ("Rowe"), a non-prisoner, filed a Complaint on June 6, 2025. Filing No. 1.1 Plaintiff has been given leave to proceed in forma pauperis. Filing No. 6. The Court now conducts an initial review of Rowe's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).
I. SUMMARY OF COMPLAINT AND ADDITIONAL BACKGROUND
Rowe brings this action pursuant to 42 U.S.C. § 1983 against the Nebraska Highway Patrol and two Nebraska Highway Patrol Troopers, Kyle Gaudreault ("Gaudreault") and Erice Rosemann ("Rosemann"), in their official capacities. Filing No. 1 at 1, 3. Rowe also appears to bring this action on behalf of himself and four other individuals-Liane Feliciano, Emillio Butts, Kory Brown, and Nellani Jefferson. See Id. at 1-2.
Rowe's claims arise out of a traffic stop that occurred on I-80 East at mile marker 290 on July 17, 2023, at 9:24 p.m. Id. at 5. Rowe alleges the following as the facts underlying his claim:
1 Upon initial filing, Rowe's Complaint was unsigned. Rowe filed a signed copy of his Complaint on June 20, 2025. Filing No. 1-1.
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

2
Trooper Gaudreault accompanied by Trooper Roseman[n] detained me
without explanantion [sic] threatened to do me physical harm if I did not
accompany him to his cruiser after explaining to him I was Moorish
American did not recognize his authority and I was only accompaning [sic]
him out of duress and would like a supervisor present he placed me in his
car and performed a non permitted illegal search of my vehicle without my
permission not once did he attempt to contact a supervisor and went
completely against protocol during the traffic stop as he indicated that was
the purpose for the stop after the search he placed myself and Lianie
Feliciano under arrest and placed her children in DHHS custody the
following individuals were present: Lianie Feliciano, Podjo Rowe, Emilio
Butts, Kory Brown, Nellani Jefferson and Mark Hyer (by phone)[.]
Id.
Rowe does not allege any injuries, but seeks damages for “loss of wages,
emotional distress, reimbursement of legal fees, and the time of [his] imprisonment after
the illegal search and seizure [and] lifting of the convictions of myself and Lianie
Feliciano.” Id. at 6. Rowe also seeks damages “for all three children's emotional
distress and the defamation of character of all parties involved.” Id.
A search of Nebraska state court records, available to this Court online, shows
that Rowe was convicted in the District Court of Buffalo County, Nebraska, in Case No.
CR23-386 for offenses arising out of a traffic stop on July 16, 2023, involving
Gaudreault and Roseman in the location alleged in the Complaint.2 Pursuant to a plea
agreement, Rowe pleaded no contest to an amended information charging him with two
counts of attempted possession of a firearm by a prohibited person, a Class II felony,
two counts of prohibited person in possession of a deadly weapon, a Class III felony,
and possession of a controlled substance (ecstasy), a Class IV felony, in exchange for
2 This Court has been afforded access to the computerized record keeping system for the Nebraska state
courts. The Court takes judicial notice of the state court records related to this case in State v. Podjo J.
Rowe, Case No. CR28-386, District Court of Buffalo County, Nebraska. See Stutzka v. McCarville, 420
F.3d 757, 760 n.2 (8th Cir. 2005) (court may take judicial notice of judicial opinions and public records).
Nebraska's judicial records may be retrieved on-line through the JUSTICE site,
https://www.nebraska.gov/justice/case.cgi. Relevant records are attached to this Memorandum and
Order.
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dismissal of seven additional felony counts charged in the original information.3 On
March 21, 2024, Rowe was sentenced to 2 to 10 years’ imprisonment on each of the
Class II felonies, 1 to 4 years’ imprisonment on each of the Class III felonies, and 1 to 2
years’ imprisonment on the Class IV felony, with all sentences running concurrently.4
According to the Nebraska Department of Correctional Services’ online inmate records,
Rowe was released from custody on October 30, 2024, on discretionary parole.5
II. STANDARDS ON INITIAL REVIEW
The Court is required to review in forma pauperis complaints to determine
whether summary dismissal is appropriate. See 28 U.S.C. § 1915(e). The Court must
dismiss a complaint or any portion of it that states a frivolous or malicious claim, that
fails to state a claim upon which relief may be granted, or that seeks monetary relief
from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).
“The essential function of a complaint under the Federal Rules of Civil Procedure
is to give the opposing party ‘fair notice of the nature and basis or grounds for a claim,
and a general indication of the type of litigation involved.’” Topchian v. JPMorgan Chase
Bank, N.A., 760 F.3d 843, 848 (8th Cir. 2014) (quoting Hopkins v. Saunders, 199 F.3d
968, 973 (8th Cir. 1999)). Plaintiffs must set forth enough factual allegations to “nudge[
] their claims across the line from conceivable to plausible,” or “their complaint must be
dismissed.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 569-70 (2007); see also
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the reasonable inference
that the defendant is liable for the misconduct alleged.”).
3 See attached Jan. 29, 2024, Journal Entry/Entry of Plea Order.
4 See attached Mar. 21, 2024, Sentencing Order.
5 See https://dcs-inmatesearch.ne.gov/Corrections/COR_input.jsp (last visited Jan. 8, 2026).
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“A pro se complaint must be liberally construed, and pro se litigants are held to a
lesser pleading standard than other parties.” Topchian, 760 F.3d at 849 (internal
quotation marks and citations omitted). This means that “if the essence of an allegation
is discernible, even though it is not pleaded with legal nicety, then the district court
should construe the complaint in a way that permits the layperson’s claim to be
considered within the proper legal framework.” Stone v. Harry, 364 F.3d 912, 915 (8th
Cir. 2004). However, even pro se complaints are required to allege facts which, if true,
state a claim for relief as a matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th
Cir. 1980).
III. ANALYSIS OF COMPLAINT
Liberally construed, Rowe alleges federal constitutional claims. To state a claim
under 42 U.S.C. § 1983, a plaintiff must allege a violation of rights protected by the
United States Constitution or created by federal statute and also must show that the
alleged deprivation was caused by conduct of a person acting under color of state law.
West v. Atkins, 487 U.S. 42, 48 (1988); Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir.
1993). For the reasons that follow, Rowe’s Complaint fails to state a § 1983 claim upon
which relief may be granted, but he will be given leave to amend to state a plausible
Fourth Amendment claim against Gaudreault and Rosemann in their individual
capacities as set forth below.
A. Claims on Behalf of Others
As an initial matter, according to the caption of the Complaint, this action is
purportedly brought by Rowe and four other individuals (presumably the other
occupants of the vehicle stopped by Gaudreault and Rosemann), but the Complaint is
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only signed by Rowe and Rowe is the only listed plaintiff on the docket sheet. See
Filing No. 1 at 1–2; Filing No. 1-1 at 6. To the extent Rowe is seeking relief on behalf of
the other named plaintiffs, he may not do so.
Pro se litigants may not represent the interests of other parties. Litschewski v.
Dooley, No. 11-4105-RAL, 2012 WL 3023249, at *1 n. 1 (D.S.D. July 24, 2012), aff’d,
502 Fed.Appx. 630 (8th Cir. 2013). Rowe also may not sign the Complaint on behalf of
himself and the other plaintiffs. Federal Rule of Civil Procedure 11(a) requires that all
pro se parties to a case sign every pleading, written motion, and other paper that they
submit to the court. Rule 11(a) helps to ensure that pro se parties consent to the filing
of documents on their behalf. See United States v. Brenton, No. 8:04CR262, 2007 WL
3124539, at *1–2 (D. Neb. Oct. 23, 2007) (discussing Johnson v. O’Donnell, No. 01-C-
0257-C, 2001 WL 34372892 (W.D. Wis. Aug 24, 2001)). It is improper for a non-lawyer
to sign papers in place of, or to otherwise represent, parties other than themselves.
See id. at *1 (citing 5A C. Wright & A. Miller, Federal Practice and Procedure § 1333, at
513 & n.15 (2004)); see also Jones ex rel. Jones v. Corr. Med. Servs., Inc., 401 F.3d
950, 952 (8th Cir. 2005) (“a non-attorney . . . may not engage in the practice of law on
behalf of others”) (citations omitted). Accordingly, any claims brought by Rowe on
behalf of the other named plaintiffs must be dismissed.
B. Relief from Conviction Unavailable under § 1983
In his Complaint, Rowe appears to ask that his criminal convictions be “lift[ed]” or
overturned. Filing No. 1 at 6. “Challenges to the validity of any confinement or to
particulars affecting its duration are the province of habeas corpus . . . .” Muhammad v.
Close, 540 U.S. 749, 750 (2004) (citing Preiser v. Rodriguez, 411 U.S. 475, 500 (1973)).
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Thus, to the extent Rowe seeks relief from his convictions for which he is currently on
parole, he must do so in a petition for writ of habeas corpus under 28 U.S.C. § 2254 and
not in a civil action under 42 U.S.C. § 1983.
C. Sovereign Immunity
Rowe names the Nebraska Highway Patrol and Gaudreault and Rosemann in
their official capacities as defendants. The Nebraska Highway Patrol, or Nebraska
State Patrol as it is officially called, is a department of the State of Nebraska.
Steckelberg v. Rice, 184 F. Supp. 3d 746, 754 n.4 (D. Neb. 2016) (citing Neb. Rev. Stat.
§ 81–2001; Llanes v. Neb. State Patrol, No. 4:06–CV–3155, 2007 WL 1321733, at *1
n.1 (D. Neb. Apr. 2, 2007)), aff'd, 878 F.3d 630 (8th Cir. 2017). States or governmental
entities that are considered arms of the state are not suable “persons” within the
meaning of 42 U.S.C. § 1983, Will v. Michigan Dep’t of State Police, 491 U.S. 58, 70
(1989).
In addition, the Eleventh Amendment bars claims for damages by private parties
against a state, state instrumentalities, and an employee of a state sued in the
employee’s official capacity. See, e.g., Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615,
619 (8th Cir. 1995); Dover Elevator Co. v. Arkansas State Univ., 64 F.3d 442, 446–47
(8th Cir. 1995). Any award of retroactive monetary relief payable by the state, including
for back pay or damages, is proscribed by the Eleventh Amendment absent a waiver of
immunity by the state or an override of immunity by Congress. See, e.g., Dover
Elevator Co., 64 F.3d at 447; Nevels v. Hanlon, 656 F.2d 372, 377–78 (8th Cir. 1981).
There is nothing in the record before the Court showing that the State of Nebraska
waived, or that Congress overrode, sovereign immunity in this matter. Thus, the
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Eleventh Amendment bars Rowe’s claims against the Nebraska Highway Patrol and
Gaudreault and Rosemann in their official capacities.
Because Gaudreault and Rosemann are sued only in their official capacities,
Rowe’s claims against them are subject to dismissal as barred by sovereign immunity.
However, even if the Court construed Rowe’s claims as being brought against
Gaudreault and Rosemann in their individual capacities, his Complaint fails to allege a
plausible claim upon which relief may be granted.
D. Fourth Amendment Claims
Rowe alleges Gaudreault and Rosemann detained him without explanation
during a traffic stop, illegally searched his vehicle, and arrested him. Liberally
construed, Rowe alleges Fourth Amendment violations.
The Fourth Amendment guarantees the “right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures.”
U.S. Const. amend. IV. “A traffic stop is constitutionally reasonable where the police
have probable cause to believe that a traffic violation has occurred.” Garcia v. City of
New Hope, 984 F.3d 655, 663 (8th Cir. 2021) (quoting De La Rosa v. White, 852 F.3d
740, 743 (8th Cir. 2017)), abrogation on other grounds recognized by Laney v. City of
St. Louis, Mo., 56 F.4th 1153 (8th Cir. 2023). “Explained another way, ‘any traffic
violation, even a minor one, gives an officer probable cause to stop the violator,’ and
therefore, ‘any ulterior motivation on the officer's part is irrelevant.’” Id. at 664 (quoting
Johnson v. Crooks, 326 F.3d 995, 998 (8th Cir. 2003)). “Whether probable cause exists
depends upon the reasonable conclusion to be drawn from the facts known to the
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officer at the time.” Id. (quoting United States v. Demilia, 771 F.3d 1051, 1054 (8th Cir.
2014)).
After stopping a vehicle, an officer has the authority to ask the driver what his or
her destination and purpose is, check the driver’s license and registration, or request
that the driver step out of the vehicle. United States v. Payne, 534 F.3d 948, 951 (8th
Cir. 2008). An officer may also request identification from passengers and question
them to verify information given by the driver, United States v. Gaxiola, 149 F. App’x
560, 562 (8th Cir. 2005), and may order passengers to get out of the car pending
completion of the stop, Maryland v. Wilson, 519 U.S. 408, 415 (1997). A traffic stop can
last as long as reasonably necessary to conduct this routine investigation, conduct a
criminal history search, and issue a citation. Payne, 534 F.3d at 951. If this routine
investigation raises the officer’s suspicions and the officer has reasonable, articulable
suspicion, the officer may expand the scope of the investigation. Id. This may include
asking about weapons and requesting consent to search the vehicle. See United States
v. Cox, 992 F.3d 706, 710–11 (8th Cir. 2021).
The Fourth Amendment permits a law enforcement officer to make a warrantless
arrest if he has probable cause to believe the arrestee has committed an offense—even
a minor offense. Lawyer v. City of Council Bluffs, 361 F.3d 1099, 1105–06 (8th Cir.
2004). One of the exceptions to the warrant requirement is a search incident to a lawful
arrest. See Arizona v. Gant, 556 U.S. 332, 338 (2009). “The exception derives from
interests in officer safety and evidence preservation that are typically implicated in arrest
situations.” Id. This exception justifies a warrantless search of the arrestee’s person
and the area within his or her immediate control, i.e., the area from within which he or
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she might gain possession of a weapon or destructible evidence. See Chimel v.
California, 395 U.S. 752, 763 (1969).
Though Rowe alleges Gaudreault and Rosemann detained him without
explanation and illegally searched his vehicle, he alleges absolutely no facts to support
these conclusory allegations. Indeed, the scant allegations of Rowe’s Complaint fail to
provide any factual context for what happened during the traffic stop or the alleged
unlawful detention and search and, thus, are insufficient to state a plausible claim for
relief. As the Supreme Court has explained, “[a] pleading that offers ‘labels and
conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’
Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual
enhancement.’” Iqbal, 556 U.S. at 678 (internal citation omitted) (quoting Twombly, 550
U.S. at 555, 557).
On its own motion, the Court will give Rowe leave to amend his Complaint to
allege sufficient facts to state a plausible Fourth Amendment claim against Gaudreault
and Rosemann in their individual capacities. If Rowe chooses to amend his Complaint,
he should be aware that if success on the merits of his Fourth Amendment civil rights
claim would necessarily implicate the validity of his conviction or continued confinement,
his civil rights claim must be preceded by a favorable outcome in habeas corpus or
similar proceeding in a state or federal forum. Absent such a favorable disposition of
the charges or conviction, Rowe may not use 42 U.S.C. § 1983 to cast doubt on the
legality of his conviction or confinement. See Heck v. Humphrey, 512 U.S. 477, 486–87
(1994).
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IV. CONCLUSION
Rowe’s Complaint fails to state a plausible claim for relief and is, therefore,
subject to dismissal pursuant to 28 U.S.C. § 1915(e)(2). On the Court’s own motion,
Rowe will be given 30 days in which to file an amended complaint that states a plausible
claim for relief against Gaudreault and Rosemann in their individual capacities and
clearly explains what defendants did to him, when defendants did it, and how
defendants’ actions harmed him. Rowe is advised that any amended complaint he files
will supersede his original Complaint.
IT IS THEREFORE ORDERED that:
1. Rowe shall have 30 days to file an amended complaint in accordance with
this Memorandum and Order. Failure to file an amended complaint within the time
specified by the Court will result in the Court dismissing this case without further notice
to Rowe.
2. In the event that Rowe files an amended complaint, Rowe shall restate the
relevant allegations of the Complaint, Filing No. 1, and any new allegations. Failure to
consolidate all claims into one document may result in the abandonment of claims.
Rowe is warned that an amended complaint will supersede, not supplement, his prior
pleadings.
3. The Court reserves the right to conduct further review of Rowe’s claims
pursuant to 28 U.S.C. § 1915(e)(2) in the event he files an amended complaint.
4. The Clerk of Court is directed to set a pro se case management deadline
using the following text: February 11, 2026: deadline for amended complaint.
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5. Rowe shall keep the Court informed of his current address at all times
while this case is pending. Failure to do so may result in dismissal without further
notice.
Dated this 12th day of January, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
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Nebraska Judicial Branch - Case Search - Case 8:25-cv-00381-JFB-PRSE
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Official Nebraska Government Website

NEBRASKA.GOV
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Nebraska Judicial Branch
Nebraska Courts Case Search
Trial Case by Judgment
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Case Summary
In the District Court of Buffalo County
The Case ID is CR 23 0000386
Citation No. :
0000000
State v. Podjo J Rowe
The Honorable John H Marsh, presiding.
Classification: Felony-Bindover
Filed on 08/18/2023
secutor
L
This case is Closed as of 03/21/2024
It was disposed as Guilty Plea/Admission in Court
Las
Parties/Attorneys to the Case
Party
Attorney
Plaintiff ACTIVE
State of Nebraska
Defendant ACTIVE Podjo J Rowe 24799 Lakeshore Blvd Eculid OH 44123
Date of Birth is Drivers License is
Podjo J Rowe owes
$185.60
Witness ACTIVE Lianie Y Feliciano Buffalo County Jail Kearney NE 68847
Witness ACTIVE Christopher Watts Valley Pharmacy
https://www.nebraska.gov/justice//case.cgi[1/9/2026 3:39:19 PM]
by the County Jan. 9, 2026

Nebraska Judicial Branch - Case Search - Case 8:25-cv-00381-JFB-PRSE
211 W. 33rd St Kearney NE 68845
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Offense Information
Count
Charge
Offense Class
01 Possess firearm while commit felony
; Class 2 Felony
AMENDED TO. .. Attempt of a class 1/1A/1B/1C/1D felony ; Class 2 Felony
Offense Date is 07/16/2023 Plea is No Contest Finding is Guilty Sentence includes:
Jail-Minimum Sentence
Start Date 03/21/2024
Term of 02 Years
Jail-Maximum Sentence
Start Date 03/21/2024 Term of 10 Years
Credit for Days Served Term of 250 Days
Offender Assessment Screening of
3026
02 Possess firearm while commit felony
; Class 2 Felony
AMENDED TO. .. Attempt of a class 1/1A/1B/1C/1D felony ; Class 2 Felony
Offense Date is 07/16/2023
Plea is No Contest
Finding is Guilty
Sentence includest Visited Blon
Jail-Minimum Sentence Start Date 03/21/2024 Term of 02 Years Jail-Maximum Sentence Start Date 03/21/2024 Term of 10 Years
03 Possess deadly weapon while commit felny ; Class 3 Felony AMENDED TO. . . Count dropped/dismissed Offense Date is 07/16/2023
04 Possess deadly weapon while commit felny ; Class 3 Felony AMENDED TO. . . Count dropped/dismissed ;
Offense Date is 07/16/2023 05 Possess firearm by prohibited person-1st ; Class 1D Felony AMENDED TO. .. Count dropped/dismissed ;
Offense Date is 07/16/2023 06 Possess firearm by prohibited person-1st ; Class 1D Felony AMENDED TO. . . Count dropped/dismissed ; Offense Date is 07/16/2023 07 Possess deadly weapon-prohibited person ; Class 3 Felony Offense Date is 07/16/2023
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Plea is No Contest Finding is Guilty Sentence includes : Jail-Minimum Sentence Start Date 03/21/2024 Term of 01 Years Jail-Maximum Sentence Start Date 03/21/2024 Term of 04 Years
08 Possess deadly weapon-prohibited person ; Class 3 Felony Offense Date is 07/16/2023 Plea is No Contest Finding is Guilty Sentence includes : Jail-Minimum Sentence Start Date 03/21/2024 Term of 01 Years Jail-Maximum Sentence Start Date 03/21/2024 Term of 04 Years
09 Possess controlled substance
; Class 4 Felony
Offense Date is 07/16/2023 Plea is No Contest Finding is Guilty Sentence includes: Jail-Minimum Sentence
ed Jan. 9, 2026
Start Date 03/21/2024
Vail-Maxin Term of 01 Years Start Date 03/21/2024 Term of 02 Years
10 Possess controlled substance ; Class 4 Felony AMENDED TO. . . Count dropped/dismissed ; Offense Date is 07/16/2023 11 Possess controlled substance ; Class 4 Felony
AMENDED TO. . . Count dropped/dismissed Offense Date is 07/16/2023
12 Possess controlled substance AMENDED TO. . . Count dropped/dismissed Offense Date is 07/16/2023
; Class 4 Felony ;
Arresting Officers
Agency
Officer
Nebraska State Patrol
Kyle Gaudreault
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Court Costs Information
Incurred By
Account
Date
Amount
Plaintiff
Information
08/21/2023
$35.00
Plaintiff
Automation Fee
08/21/2023
$8.00
Plaintiff
NSC Education Fee
08/21/2023
$1.00
Plaintiff
Dispute Resolution Fee
08/21/2023
$0.75
Plaintiff
Indigent Defense Fee
08/21/2023
$3.00
Plaintiff
Uniform Data Analysis Fee
08/21/2023
$1.00
Plaintiff
J.R.F.
08/21/2023
$6.00
Plaintiff
Filing Fee-JRF
08/21/2023
$7.00
Plaintiff
Crime Victim Fund
08/21/2023
$1.00
Plaintiff
Civil Legal Services Fund
08/21/2023
$1.00
Plaintiff
L.E.I.F.
08/21/2023
$2.00
Plaintiff
Legal Aid/Services Fund
$6.25
Plaintiff
Comp Rec/Records Management
$15.00
Plaintiff
County Court Fees
08/22/2023
$50.00
Plaintiff
Service Fees
01/16/2024
$18.50
Plaintiff
Service Fees
01/19/2024
$20.10
Financial Activity
Last visited Jan. 9, 2 00 2 /2020
No trust money is held by the court No fee money is held by the court
Costs for Recovery
Incurred By
Account
Date
Amount
Defendant
Information
08/21/2023
$35.00
Defendant
Automation Fee
08/21/2023
$8.00
Defendant
NSC Education Fee
08/21/2023
$1.00
Defendant
Dispute Resolution Fee
08/21/2023
$0.75
Defendant
Indigent Defense Fee
08/21/2023
$3.00
Defendant
Uniform Data Analysis Fee
08/21/2023
$1.00
Defendant
J.R.F.
08/21/2023
$6.00
Defendant
Filing Fee-JRF
08/21/2023
$7.00
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Defendant
Crime Victim Fund
08/21/2023
$1.00
Defendant
Civil Legal Services Fund
08/21/2023
$1.00
Defendant
L.E.I.F.
08/21/2023
$2.00
Defendant
Legal Aid/Services Fund
08/21/2023
$6.25
Defendant
Comp Rec/Records Management
08/21/2023
$15.00
Defendant
County Court Fees
08/22/2023
$50.00
Defendant
Service Fees
01/16/2024
$18.50
Defendant
Service Fees
01/19/2024
$20.10
Payments Made to the Court
Receipt
Type
Date
For
Amount
9041124
Non-Monetary Rec
01/19/2024
State of Nebraska Void
ed
9041125
Non-Monetary Rec
01/19/2024
State of Nebraska
$20.10
Service Fees
$20.10
9041098
Non-Monetary Rec
01/16/2024
State of Nebraska
$18.50
Service Fees
$18.50
209790
Check
09/29/2023
State of Nebraska
$36.00
Automation Fee
$8.00
NSC Education Fee
$1.00
Dispute Resolution Fee
$.75
Indigent Defense Fee
$3.00
Uniform Data Analysis
$1.00
J.R.F.
$6.00
Filing Fee-JRF
$7.00
Civil Legal Services F
$1.00
L.E.I.F.
$2.00
Legal Aid/Services Fun
$6.25
2026
Last visited Jans
Register of Actions
03/21/2024 Abstract-Voter Reg/CR History Order sent to Cuyahoga County, OH election commissioner
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03/21/2024 Sentencing Order This action initiated by John H Marsh eNotice Certificate Attached Image ID N24081S4KD09
03/21/2024 Commitment Issued on Podjo J Rowe The document number is 00050283 Image ID 000351410D09
03/20/2024 Note from Court Staff PSI shared: Willils/Calkins
02/16/2024 Entry of Appearance
This action initiated by party State of Nebraska Image ID N24047IYLD09
01/29/2024 Journal Entry This action initiated by John H Mars. 9, 2026
entry of plea/sentencing March 21, 2024 @ 9:00am eNotice Certificate Atta ched Image ID
LastDos/iSite
01/29/2024 Amended Information This action initiated by party State of Nebraska Image ID N24029YZ6D09
01/19/2024 Order This action initiated by John H Marsh order to endorse additonal witness eNotice Certificate Attached
Image ID N24019UL8D09
01/19/2024 Notice Filed This action initiated by party Podjo J Rowe notice of hearing Jan 29,2024 @ 9:00am Image ID N24019SCAD09
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Nebraska Judicial Branch - Case Search - Case
8:25-cv-00381-JFB-PRSE
Doc # 7 Filed: 01/12/26
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01/19/2024 Motion Filed This action initiated by party Podjo J Rowe motion to suppress Image ID N24019SBSD09
01/19/2024 Return-Subpoena-Criminal/Juvenile
The document number is 00049422
Served 01/18/2024
Personal Service
Served at Valley Pharmacy
Image ID D00049466D09
01/17/2024 Subpoena Issued on Christopher Watts
The document number is 00049422
Image ID D00049422D09
01/17/2024 Praecipe-Subpoena
This action initiated by party State of Nebraska
Image ID N24017HS7D09
2026
visited Jan.
01/17/2024 Motion Filed This action initiated by party State of Nebraska Image ID N24017HRND09
01/16/2024 Return-Subpoena-Criminal/Juvenile
The document number is 00049368 Served 01/12/2024, Buffalo County Sheriff Personal Service Served at Buffalo County Jail Image ID D00049392D09
01/12/2024 Subpoena Issued on Lianie Y Feliciano The document number is 00049368 Image ID D00049368D09
01/11/2024 Praecipe-Subpoena
This action initiated by party State of Nebraska
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Nebraska Judicial Branch - Case Search - Case 8:25-cv-00381-JFB-PRSE Image ID N24011VAWD09
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01/09/2024 Order This action initiated by John H Marsh
order setting bench trial Jan 29, 2024 @ 9:00m eNotice Certificate Attach ed Image ID N24009H75D09
01/02/2024 Order-Jury Trial This action initiated by John H Marsh Jan 22, 2024 @ 9:00am eNotice Certificate Attached Image ID N24002IVLD09
12/15/2023 Order-Hearing This action initiated by John H Marsh Final Status Hearing: January 5, 2024 @ 8:45am eNotice Certificate Attac hed Image ID N23349WRFD09
12/01/2023 Order
visited Jan. 9, 2020Otta
This action initiated by John H Marsh order setting jury trial Jan 22, 2024 @ 9:00am eNotice Certificate Attach ed
Image ID N2333545ND09
11/21/2023 Order-Continuance This action initiated by John H Marsh final plea/pretrial Nov 30, 2023 @ 1:30 pm eNotice Certificate Attached Image ID N23325YKKD09
10/31/2023 Order-Continuance This action initiated by John H Marsh Nov 28, 2023 @ 1:30 pm eNotice Certificate Attached Image ID N23304BZXD09
10/30/2023 Motion Filed
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Nebraska Judicial Branch - Case Search - Case 8:25-cv-00381-JFB-PRSE
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This action initiated by party Podjo J Rowe Image ID N233036KZD09
10/02/2023 Request
This action initiated by party Podjo J Rowe
Image ID 000348856D09
09/26/2023 Written Not Guilty Plea
This action initiated by party Podjo J Rowe
Image ID N23269XTND09
09/20/2023 Order This action initiated by John H Marsh order re: bond stays same $20,000 cash or surety eNotice Certificate Atta ched Image ID N23263A1ND09
! Jan. 9, 2026
09/13/2023 Objection This action initiated by party State of Nebraska objection to bond review Image ID MADE SiteState of Nebraska
09/13/2023 Affidavit-Support of Motion
This action initiated by party Podjo J Rowe
Image ID N23256CE7D09
09/13/2023 Motion Filed This action initiated by party Podjo J Rowe motion for bond review Image ID N23256CE2D09
09/12/2023 Order-Reciprocal Discovery
This action initiated by John H Marsh eNotice Certificate Attached Image ID N232557H9D09
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09/12/2023 Motion-Reciprocal Discovery This action initiated by party State of Nebraska Image ID N23255406D09
09/07/2023 Order-Discovery
This action initiated by John H Marsh
eNotice Certificate Attached
Image ID N23250LRQD09
09/07/2023 Motion-Discovery
This action initiated by party Podjo J Rowe
Image ID N23250J8XD09
09/07/2023 Motion Filed This action initiated by party Podjo J Rowe motion for bond review Image ID N23250J8HD09
Jan. 9, 2026
08/23/2023 Progression Order This action initiated by John H Marsh arraignment Sept 26, 2023 @ 11:15 am final plea/pretrial Oct 31, 2023 @ 1 : 30 pm eNotice Certificate Attached Image ID N23235RLWD09
08/22/2023 Case Manually Assigned Previous Judge 00000; New Judge 18127; User ID C0901041
08/22/2023 Transcript-County Court
This action initiated by party State of Nebraska Transcript received electronically. Image ID D00047818D09
08/21/2023 Information
This action initiated by party State of Nebraska
Image ID N23233GH8D09
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Nebraska Judicial Branch - Case Search - Case 8:25-cv-00381-JFB-PRSE
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JOURNAL ENTRY / ENTRY
OF PLEA
IN THE DISTRICT COURT OF BUFFALO COUNTY, NEBRASKA
STATE V. PODJO J ROWE Case ID: CR23-386
On the 29th day of January, 2024, this matter comes on for an entry of plea
hearing.
APPEARANCE AND ADVISEMENT
Judge John H. Marsh
Defendant Podjo J. Rowe
Defense Counsel Richard Calkins
Prosecutor Michael Mefferd
Waived service of /Information. Waived reading of /Information.	Amended Amended
Rights advisement given. Defendant advised of the charges and all possible
penalties.
ARRAIGNMENT
Upon inquiry by the Court, the Defendant acknowledged Defendant’s understanding
of rights, charges, proceedings and penalties, and further acknowledged
Defendant’s understanding that the entry of a plea of guilty or no contest,
waives all rights to trial.
CHARGES (AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
Defendant pled ( ) Guilty ( X ) No Contest to:
JOURNAL ENTRY / ENTRY
OF PLEA
IN THE DISTRICT COURT OF BUFFALO COUNTY, NEBRASKA
STATE V. PODJO J ROWE Case ID: CR23-386
On the 29th day of January, 2024, this matter comes on for an entry of plea
hearing.
APPEARANCE AND ADVISEMENT
Judge John H. Marsh
Defendant Podjo J. Rowe
Defense Counsel Richard Calkins
Prosecutor Michael Mefferd
Waived service of /Information. Waived reading of /Information.	Amended Amended
Rights advisement given. Defendant advised of the charges and all possible
penalties.
ARRAIGNMENT
Upon inquiry by the Court, the Defendant acknowledged Defendant’s understanding
of rights, charges, proceedings and penalties, and further acknowledged
Defendant’s understanding that the entry of a plea of guilty or no contest,
waives all rights to trial.
CHARGES (AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
Defendant pled ( ) Guilty ( X ) No Contest to:
Filed in Buffalo District Court
*** EFILED ***
Case Number: D09CR230000386
Transaction ID: 0021092704
Filing Date: 01/29/2024 05:17:50 PM CST
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Count 1: Attempted Possession of a Firearm by a Prohibited Person, - 1st
Offense, a Class II Felony
Count 2: Attempted Possession of a Firearm by a Prohibited Person - 1st
Offense, a Class II Felony
Count 3: Dismissed
Count 4: Dismissed
Count 5: Dismissed
Count 6: Dismissed
Count 7: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 8: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 9: Possession of a Controlled Substance, to-wit: Ecstasy, a Class IV
Felony
Count 10: Dismissed
Count 11: Dismissed
Count 12: Dismissed
The Court received Exhibits 1, 2 & 3 for the factual basis. The Court finds
that an adequate factual basis was established for the plea. After further
inquiry the Defendant acknowledged that the Defendant’s plea was not the result
of any promise or threat. The Court found that the Defendant’s plea was entered
knowingly, voluntarily and intelligently and that the Defendant knowingly,
voluntarily and intelligently waived Defendant’s constitutional rights as
hereinabove explained. Plea negotiations explained by Counsel. The Court found
that the plea of the Defendant was accepted and conviction is entered pursuant
thereto.
Other Findings/Plea Bargain
The State will amend Counts 1 and 2 to Attempted Possession of a Firearm by a
Prohibited Person - 1st Offense, and dismiss Counts 3, 4, 5, 6, 10, 11, and 12
in exchange for the Defendant's plea of guilty or no contest to Counts 1 and 2
as amended and Counts 7, 8 and 9 as charged.
Count 1: Attempted Possession of a Firearm by a Prohibited Person, - 1st
Offense, a Class II Felony
Count 2: Attempted Possession of a Firearm by a Prohibited Person - 1st
Offense, a Class II Felony
Count 3: Dismissed
Count 4: Dismissed
Count 5: Dismissed
Count 6: Dismissed
Count 7: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 8: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 9: Possession of a Controlled Substance, to-wit: Ecstasy, a Class IV
Felony
Count 10: Dismissed
Count 11: Dismissed
Count 12: Dismissed
The Court received Exhibits 1, 2 & 3 for the factual basis. The Court finds
that an adequate factual basis was established for the plea. After further
inquiry the Defendant acknowledged that the Defendant’s plea was not the result
of any promise or threat. The Court found that the Defendant’s plea was entered
knowingly, voluntarily and intelligently and that the Defendant knowingly,
voluntarily and intelligently waived Defendant’s constitutional rights as
hereinabove explained. Plea negotiations explained by Counsel. The Court found
that the plea of the Defendant was accepted and conviction is entered pursuant
thereto.
Other Findings/Plea Bargain
The State will amend Counts 1 and 2 to Attempted Possession of a Firearm by a
Prohibited Person - 1st Offense, and dismiss Counts 3, 4, 5, 6, 10, 11, and 12
in exchange for the Defendant's plea of guilty or no contest to Counts 1 and 2
as amended and Counts 7, 8 and 9 as charged.
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The Court finds Counts 3, 4, 5, 6, 10, 11, and 12 dismissed pursuant to the
plea agreement.
ADDITIONAL ENTRIES OF RECORD
Thereafter the Court ordered the State Probation Office to conduct a full
and make an appropriate report of their findings to	presentence investigation
the Court. Said Presentence Investigation, at the discretion of a probation
officer, shall include: Substance Abuse Evaluation.
Sentencing has been scheduled for: March 21, 2024, at 9:00 a.m.
Pending sentencing, the Defendant is remanded to the custody of the Buffalo
County Jail.
IT IS ORDERED, ADJUDGED AND DECREED AS HEREINABOVE SET FORTH.
BY THE DISTRICT COURT:
John H Marsh
The Court finds Counts 3, 4, 5, 6, 10, 11, and 12 dismissed pursuant to the
plea agreement.
ADDITIONAL ENTRIES OF RECORD
Thereafter the Court ordered the State Probation Office to conduct a full
and make an appropriate report of their findings to	presentence investigation
the Court. Said Presentence Investigation, at the discretion of a probation
officer, shall include: Substance Abuse Evaluation.
Sentencing has been scheduled for: March 21, 2024, at 9:00 a.m.
Pending sentencing, the Defendant is remanded to the custody of the Buffalo
County Jail.
IT IS ORDERED, ADJUDGED AND DECREED AS HEREINABOVE SET FORTH.
BY THE DISTRICT COURT:
John H Marsh
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I, the undersigned, 	certify that on January 30, 2024 	, I served a 	copy of the foregoing
document 	upon 	the following persons at 	the addresses given, by mailing 	by United States Mail,
postage 	prepaid, or via E-mail:
Richard 	Calkins 	Michael L Mefferd
calkinslaw@gmail.com 	buffalocaefile@buffalocounty.ne.gov
Probation
nsc.probDIST9@nebraska.gov
Date: 	January 30, 2024 	BY THE COURT: 	_____________________________________
CLERK
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SENTENCING ORDER
IN THE DISTRICT COURT OF BUFFALO COUNTY, NEBRASKA
STATE V. PODJO J ROWE Case ID: CR23-386
On this day of March, 2024, this matter came on for sentencing hearing.	21st
APPEARANCE AND ADVISEMENT
Judge John H. Marsh
Defendant Podjo Jammar Rowe
Defense Counsel Richard Calkins
Prosecutor Melissa Willis
CHARGES AND FINDINGS
The defendant was previously convicted:
Count 1: Attempted Possession of a Firearm by a Prohibited Person, 1st Offense
- a Class II Felony
Count 2: Attempted Possession of a Firearm by a Prohibited Person, 1st Offense
- a Class II Felony
Count 3: Dismissed
Count 4: Dismissed
Count 5: Dismissed
SENTENCING ORDER
IN THE DISTRICT COURT OF BUFFALO COUNTY, NEBRASKA
STATE V. PODJO J ROWE Case ID: CR23-386
On this day of March, 2024, this matter came on for sentencing hearing.	21st
APPEARANCE AND ADVISEMENT
Judge John H. Marsh
Defendant Podjo Jammar Rowe
Defense Counsel Richard Calkins
Prosecutor Melissa Willis
CHARGES AND FINDINGS
The defendant was previously convicted:
Count 1: Attempted Possession of a Firearm by a Prohibited Person, 1st Offense
- a Class II Felony
Count 2: Attempted Possession of a Firearm by a Prohibited Person, 1st Offense
- a Class II Felony
Count 3: Dismissed
Count 4: Dismissed
Count 5: Dismissed
Filed in Buffalo District Court
*** EFILED ***
Case Number: D09CR230000386
Transaction ID: 0021338743
Filing Date: 03/21/2024 10:51:40 AM CDT
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Count 6: Dismissed
Count 7: Prohibited Person in Possessions of a Deadly Weapon, a Class III Felony
Count 8: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 9: Possession of Controlled Substance, to-wit: Ecstasy, a Class IV Felony
Count 10: Dismissed
Count 11: Dismissed
Cout 12: Dismissed
Counsel for both State and the Defendant state that they have had the
opportunity to read and examine the presentence investigation report. Counsel
for the Defendant objects to the PSI. The Court heard argument of counsel
regarding the PSI. Upon consideration, the Court will disregard any
recommendations outside of substance abuse.
Allocution offered. Neither the defendant nor counsel having given any reason
why sentence should not be pronounced, the Court sentences the defendant as
follows:
IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT that the defendant is
ordered imprisoned in the Nebraska Department of Corrections/Buffalo County
Jail to serve the following sentence(s):
Count 1: Not less than 2 years nor more than 10 years;
Count 2: Not less than 2 years nor more than 10 years;
Count 7: Not less than 1 year nor more than 4 years;
Count 8: Not less than 1 yeas nor more than 4 years;
Count 9: Not less than 1year nor more than 2 years;
Defendant is given .	250 days credit for time already served
The sentence on each count shall run concurrent to one another.
Defendant is ordered to pay Costs of this action
Defendant is ordered to pay an SAQ fee of $10.00.
Count 6: Dismissed
Count 7: Prohibited Person in Possessions of a Deadly Weapon, a Class III Felony
Count 8: Prohibited Person in Possession of a Deadly Weapon, a Class III Felony
Count 9: Possession of Controlled Substance, to-wit: Ecstasy, a Class IV Felony
Count 10: Dismissed
Count 11: Dismissed
Cout 12: Dismissed
Counsel for both State and the Defendant state that they have had the
opportunity to read and examine the presentence investigation report. Counsel
for the Defendant objects to the PSI. The Court heard argument of counsel
regarding the PSI. Upon consideration, the Court will disregard any
recommendations outside of substance abuse.
Allocution offered. Neither the defendant nor counsel having given any reason
why sentence should not be pronounced, the Court sentences the defendant as
follows:
IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT that the defendant is
ordered imprisoned in the Nebraska Department of Corrections/Buffalo County
Jail to serve the following sentence(s):
Count 1: Not less than 2 years nor more than 10 years;
Count 2: Not less than 2 years nor more than 10 years;
Count 7: Not less than 1 year nor more than 4 years;
Count 8: Not less than 1 yeas nor more than 4 years;
Count 9: Not less than 1year nor more than 2 years;
Defendant is given .	250 days credit for time already served
The sentence on each count shall run concurrent to one another.
Defendant is ordered to pay Costs of this action
Defendant is ordered to pay an SAQ fee of $10.00.
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Defendant shall submit to the taking of a DNA sample if he has not previously
provided same.
Defendant’s bond, if any, is ordered released and applied to costs.
Defendant advised of prohibition under 18 U.S.C. 922 (g)(9) regarding firearms.
Defendant is remanded to the custody of the Sheriff for transportation to the
Nebraska Department of Corrections to commence serving his sentence.
BY THE DISTRICT COURT:
John H Marsh
Defendant shall submit to the taking of a DNA sample if he has not previously
provided same.
Defendant’s bond, if any, is ordered released and applied to costs.
Defendant advised of prohibition under 18 U.S.C. 922 (g)(9) regarding firearms.
Defendant is remanded to the custody of the Sheriff for transportation to the
Nebraska Department of Corrections to commence serving his sentence.
BY THE DISTRICT COURT:
John H Marsh
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I, the undersigned, 	certify that on March 21, 2024 	, I 	served a copy of the 	foregoing
document 	upon 	the following persons at 	the addresses given, by mailing 	by United States Mail,
postage 	prepaid, or via E-mail:
Richard 	Calkins 	Melissa L Willis
calkinslaw@gmail.com 	buffalocaefile@buffalocounty.ne.gov
Probation
nsc.probDIST9@nebraska.gov
Date: 	March 21, 2024 	BY 	THE COURT: 	_____________________________________
CLERK
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