IN THE UNITED STATES DISTRICT COURT
FOR THE DISTICT OF NEBRASKA
JOHN M. CARTER, )
) Case No.
)
Plaintiff, )
) COMPLAINT FOR RACIAL
vs. ) DISCRIMINATION ; DEPRIVATION
) OF RIGHTS UNDER COLOR OF LAW;
MIKE FOLEY, individually and in his ) INTERFERENCE WITH ECONOMIC
official capacity as Nebraska State Auditor; ) OPPORTUNITY; CONSPIRACY
JAMES PILLEN, individually and in his ) AGAINST RIGHTS; DEFAMATION
official capacity as Nebraska Governor; )
CONNIE EDMOND; CLARICE JACKSON)
TRAVON BROOKS; MALINDA )
WILLIAMS, Director Omaha 100; ) JURY DEMAND
QUENTIN BROWN, Executive Director )
of Educare of Lincoln; GLENN FREEMAN )
DEMOINE ADAMS, Executive Director of )
Teammates; CANDACE REID; )
DOROTHY JOHNSON; TONI CLARKE )
Executive Director of Assure Women’s )
Center, TIM CLARK, Commission Chair, )
VERNON J.; ALLISON SMITH, KETV )
Omaha (Hearst Communication.) DONNA )
COOK; SHANTEL TRAMP; )
ROBERT EVANS, Individually and in his )
official capacity as Mayor of the City of )
Crofton. )
)
)
DOES 1-25 inclusive, )
)
Defendants. )
PARTIES
Plaintiff John M. Carter (“Plaintiff”) is an African/Native American, an honorably discharged disabled veteran, and at all relevant times herein was a resident of Benkelman, Dundy County, Nebraska. Plaintiff is currently a resident of Beaumont, Jefferson County, Texas. Plaintiff has been subjected to insidious racial discrimination, disparate treatment, and retaliatory conduct by the Nebraska State Auditor, Mike Foley; Nebraska Governor, James Pillen; and unlawfully appointed members of the Nebraska Commission on African American Affairs.
Defendant Mike Foley (“Foley”) is an individual resident of the State of Nebraska and, at all relevant times, served as the Nebraska State Auditor.
Defendant James Pillen (“Pillen”) is an individual resident of the State of Nebraska and, at all relevant times, served as the duly elected Governor of Nebraska.
Defendant Allison Smith (“Smith”) is President and General Manager of KETV News, Omaha, a division of Hearst Communications Corporation, and at all relevant times acted in concert and conspiracy with Defendants Foley and Pillen.
Defendant Nebraska Commission on African American Affairs (“NCAAA”) is a legislative commission created under Nebraska law and approved by the Nebraska Legislature, headquartered in the State of Nebraska.
Defendant Connie Edmond (“Edmond”) was at all relevant times a resident of Lincoln, Lancaster County, Nebraska, and a key conspirator with Defendants Foley and Pillen.
Defendant Clarice Jackson (“Jackson”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, served as an executive board member of NCAAA, and acted as a significant conspirator against Plaintiff.
Defendant Travon Brooks (“Brooks”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, and was unlawfully appointed by Defendant Pillen as a member of NCAAA in violation of Neb. Rev. Stat. § 81-2601(c). Brooks acted as a key conspirator with Defendants Foley, Edmond and Pillen to injure Plaintiff.
Defendant Malinda Williams (“Williams”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, and was unlawfully appointed by Defendant Pillen as a member of NCAAA in violation of Neb. Rev. Stat. § 81-2601(c). Williams also served as Executive Director of Omaha 100 and acted as a key conspirator against Plaintiff in concert with Brooks, Edmond, Foley and Pillen.
Defendant Dorothy Johnson (“Johnson”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, and was unlawfully appointed by Defendant Pillen as a member of NCAAA in violation of Neb. Rev. Stat. § 81-2601(c). Johnson acted in conspiracy with Defendants Foley and Pillen.
Defendant Vernon J. (“Vernon”) was at all times herein mention a resident of Douglas County, Nebraska and key conspirator with Connie Edmond and Mike Foley.
Defendant Quentin Brown (“Brown”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, and was unlawfully appointed by Defendant Pillen as a member of NCAAA in violation of Neb. Rev. Stat. § 81-2601(c). Brown also served as Executive Director of Educare of Lincoln, Nebraska, and acted in conspiracy with Defendants Foley and Pillen.
Defendant Glenn Freeman (“Freeman”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, and served as a member of NCAAA, acting as a co-conspirator against Plaintiff.
Defendant DeMoine Adams (“Adams”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, served as Executive Director of Teammates, and acted as a key conspirator against Plaintiff in concert with Edmond, Brooks, Foley and Pillen.
Defendant Candace Reid (“Reid”) was at all relevant times a resident of Lincoln, Lancaster County, Nebraska, and acted as a key conspirator against Plaintiff in concert with Edmond, Brooks, Foley and Pillen.
Defendant Toni Clarke (“Clarke”) was at all relevant times a resident of Omaha, Douglas County, Nebraska, served as Executive Director of Assure Women’s Center, and acted as a key conspirator in concert with Foley and Pillen.
Defendant Tim Clark (“Clark”) was at all relevant times a resident of Douglas County, Nebraska, and acted as a key conspirator against Plaintiff in concert with Defendants Edmond, Foley, and Pillen.
Defendant Robert “Bob” Evans (“Evans”) was at all relevant times a resident of Crofton, Knox County, Nebraska, and served as Mayor of the City of Crofton.
Defendant Donna Cook (“Cook”) was at all relevant times a resident of Crofton, Knox County, Nebraska, and served as City Clerk of the City of Crofton, and acted as a key conspirator against Plaintiff in concert with Evans and Foley.
Defendant Shantel Tramp (“Tramp”) was at all relevant times a resident of Knox County, Nebraska, and served as Treasurer for the City of Crofton, and acted as a conspirator against Plaintiff with Evans and Foley.
Plaintiff is presently ignorant of the true names and capacities of Defendants sued herein as Does 1 through 25, inclusive, and therefore sues said Defendants under such fictitious names.
Plaintiff is informed and believes, and thereon alleges, that each of the fictitiously named Doe Defendants is in some manner responsible for the injuries and damages sustained by Plaintiff, whether as agents, employees, representatives, subsidiaries, co-conspirators, or controlled entities of the named Defendants. Plaintiff will seek leave of Court to amend this Complaint to allege the true names and capacities of said Doe Defendants when ascertained.
JURISDICTION AND VENUE
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343, as this action arises under the laws and Constitution of the United States, including but not limited to 42 U.S.C. §§ 1981, 1983, 1985, 1986, and 18 U.S.C. § 245, prohibiting racial discrimination, conspiracy, and interference with federally protected rights.
This Court also has supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367, as those claims are so related to the federal claims herein that they form part of the same case or controversy under Article III of the United States Constitution.
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred within this District, and Defendants transacted business, committed acts, or engaged in conspiracies that caused harm to Plaintiff within this District.
Personal jurisdiction exists over all Defendants because they are residents of, conduct business within, or have committed tortious acts within the State of Nebraska, or have otherwise purposefully availed themselves of the privilege of conducting activities in Nebraska, thereby invoking the benefits and protections of its laws.
JURY DEMAND
26. Plaintiff respectfully requests this matter be heard by a jury and tried by a Federal District Court Judge. Plaintiff reserves the right to change venue of the trial if Plaintiff’s case cannot be fairly adjudicated in Nebraska due to the political associations or relationships between Defendants and the Court.
STATEMENT OF FACTS
27. On November 18, 2023, after a vote of approval from the Commission Plaintiff entered into a temporary employment agreement with Nebraska Commission on African American Affairs to serve as Interim Director of the Commission for a period of time not to exceed one year. During the first week of starting the employment, Connie Edmond, Clarice Jackson and Vernon J., sought to challenge the vote of the majority of the Commission members, a quorum being present, authorizing the temporary employment for up to one year.
28. Defendants Edmond, Jackson and Vernon J. conspired to begin a despicable campaign to discredit the Plaintiff and conspired and enlisted the assistance of Nebraska Governor, Jim Pillen and State Auditor, Mike Foley. Foley wrongfully used the influence of his office and status as an elected official to conspire with the Pillen to direct the Nebraska State Accounting Office not to pay wages or any compensation to Plaintiff for work performed or expenses acquired.
29. The Commission members had duly voted and authorized the Plaintiff to serve as its interim Director. Plaintiff sought the approval of such an arrangement from the Director of the Nebraska Department of Administrative Services as well as the Director of Human Resources, both who stated they saw no problem with such a temporary arrangement because other state agencies had done the same in the past.
30. Connie Edmond, along with Candance Reid, Vernon J., and Clarice Jackson, set out on a mission to undermine the vote of the Commission. Edmond, Reid, Vernon J, and Jackson conspired with Mike Foley and Jim Pillen to discredit the Plaintiff by publishing the Plaintiff had not been properly voted by the Commission to serve as interim director and suggested that Plaintiff “hired himself.”
31. Such an allegation was false, and Defendants knew or should have known of the injurious falsity. Plaintiff had a conversation with Foley and Foley stated, “John it was not proper for you to be in attendance and voting at the meeting when you were voted in as interim director.” I corrected him and stated, I was not present during the vote but had been sequestered during the discussion and vote. I was only informed of the outcome. [1]
32. Foley stated “I am glad I had this conversation with you because it clears up a lot of questions in my mind. I was of the understanding you participated in the voting process.”
33. Even after learning of the truth of the matter and acknowledging there was no wrongdoing, Foley and Pillen, along with their handpicked members who were placed on the Commission to destroy it, proceeded to publish in the print media and television news that Plaintiff had hired himself and therefore needed to be removed.
34. This racially bias tactic used by Foley is not new. Foley has used the color and badge of his elected office to disparage black people in positions of power in Nebraska since he has been in office. He routinely uses the established press to publicly ridicule the Plaintiff and other leaders of color in Nebraska while knowingly making those disparaging statement with a callous and reckless disregard for the falsity of his statements and publications.
35. Edmond visited the Governor’s office frequently on a weekly basis during the year due to her personal relationship with him and used that familiarity to persuade Governor Pillen to use the color of his office along with State Auditor Mike Foley to slander the Plaintiff’ name across the State of Nebraska.
36. Edmond, Reid and Jackson conspired to unlawfully and without Commission participation or consent, to alter the previously ratified minutes to make it appear that Plaintiff had been present in the meeting where members of the Commission voted for Plaintiff to serve as Interim Director. Edmond, Brooks, Reid, Vernon J. and Jackson further unlawfully altered the formerly ratified Commission minutes to falsely suggest that additional conversations were had concerning when the Plaintiff should start serving as interim director. The initial vote by the majority of the Commission Members directed that Plaintiff was to start immediately since Plaintiff was already performing the duties of an Interim Director around the state on behalf of the Commission as the Chair, but without just compensation.
37. Edmond met with several state department heads including Pillen and Foley and demanded that they no longer meet with or have conversations with the Plaintiff, since it was “questionable” if Plaintiff had been duly voted to serve. Edmond then convinced Pillen and Foley to stop all salary compensation to Plaintiff and intercept any future payments or claims to which Plaintiff may have been entitled.
38. Edmond assigned Reid to assume the tasks of contacting state department heads and complete setting up the commission office, acquiring furnishing and responding to community inquiries that Plaintiff was performing as Chair and Interim Director of the Commission. Edmond, outside of Commission authority or knowledge had made Reid a “pseudo commissioner” who attended every meeting concerning commission business. Edmond also tasked Reid to take separate private minutes of the Commission meetings to be disseminated only to Edmond to be used to alter the official minutes of the Commission.
39. Edmond, Pillen and Foley then met with Clark, Adams, and Brooks and formulated a despicable plan to force sitting members of the Commission to resign and replaced them with hand selected replacements that would blindly pledge their allegiance to remove the Plaintiff as Interim Director and Chair of the Commission. Foley further dispatched a letter to all the newly, Governor selected, Commission Members advising them not to continue salary payments to Plaintiff for any past work performed or future work to be performed.
40. The selected, handpicked members were executive directors of various non-profit organizations in and around North Omaha. They were offered compensation for their unlawful participation in the conspiracy. It is upon Plaintiff’s information and belief the conspirators were given approximately Thirty Million ($30,000,000.00) Dollars from Pillen and Foley to distribute among themselves and their various organizations in exchange for their participation. Senator Ashley Spivey’s “non-profit” organization was offered three million ($3,000,000.00) dollars for her participation to undermine the Commission, strip it of its legislative plenary power and remove Plaintiff and any other perceived threat that would legitimately economically empower the black people of Nebraska.
41. Senator Ashley Spivey was enlisted by Pillen to rewrite the law introduce under LB918 that formed the Commission to reduce the authority the Commission was given when it was first formed. Plaintiff co-founded the Commission on African American Affairs, which gave the Commission plenary authority. Senator Spivey conspired with Pillen to gut the authority of the Commission, which she did. Senator Spivey enlisted the support of approximately forty other Senators by misleading them that the Commission requested her to enact certain changes, which she falsely represented to other state senators. Those other senators detrimentally relied on Senator Spivey’s malicious, and deceptive misrepresentations and agreed to vote for her bill, Nebraska LB69, under the false assumption she was acting on behalf of the Commission and black people across the state of Nebraska in good faith.
42. The same plenary power that was stripped from the African American Commission was given to and signed into law by Governor Pillen in the creation of the Asian American Commission, which Pillen directed to be formed.
43. Pillen and Foley engaged in aggressive and conspiratorial tactics to assassinate the character of the Plaintiff to further hinder his ability to find other meaningful work in law enforcement or state government. Foley and Pillen undertook this effort to discredit Plaintiff because Plaintiff, had advised the Commission that certain members of the Nebraska Legislature and directors of some community non-profit organizations were attempting to use the Commission to launder money for their own personal and organizational use, without the Commission having any voice, access or decision on the distributions of the monies funneled through it. Some of the monies where being funneled in from African Countries such as Ghana.
44. Tim Clark, and several Senators from Nebraska have travelled to Ghana since January 2025, to further arrange for funding to flow through the Commission now that the commission members that would demand checks and balances have been removed. It is noteworthy that Foley’s Audit of the Commission that spent twenty-two pages of the seventy-six-page document falsely accusing and making innuendo that Plaintiff was “mis-handling Commission funds,” was completely silent concerning Tim Clark’s embezzling misappropriations through unauthorize gifts to his handpicks community organizations without Commission authority, input or consent. This includes gifts of money given to Tim Clark’s own organizations since January 2025.
45. Plaintiff strongly opposed allowing the Commission to be used as a state sanctioned money laundering vehicle. That seriously hindered the plans of the co-conspirators and sent Foley into a rage against the Plaintiff. Foley admitted in a published interview in the Nebraska Examiner that Plaintiff had “been on his radar” since he discovered Plaintiff was serving as a Police Chief in Crofton, Nebraska in 2022.
46. This was the second time that Foley wrongfully used his political office to discredit Plaintiff because of Plaintiff’s apparent standing in the community. He engaged in the same despicable conduct when Plaintiff was serving as Chief of Police for the City of Crofton, Nebraska from June 2022 to June 2023. Foley conspired with the Mayor Robert (Bob) Evans who had been elected in 2022. Evans advised Plaintiff that he and another African American officer, Sergeant, Aubrey Miller, made the City of Crofton “too dark” and ordered Plaintiff to immediately terminate the employment of Sergeant Aubrey Miller to lighten up the town at the requests of his continuents. When Plaintiff refused to terminate Miller’s employment on such vicious and ridiculous racist grounds, the mayor sought Foley’s assistance to remove Plaintiff from office as chief of police.
47. In December 2022, Mayor Evans ordered that a city audit be conducted to see if the outgoing Mayor, Sheryl Lawhead could be accused of some kind of wrongdoing involving city funds. The Mayor advised the city council he wanted the annual audit done a bit earlier than usual to have a clean slate and overview of city finances when he took office.
48. Mayor Evans contacted Hayes and Associates of Omaha and paid Hayes over Nineteen Thousand ($19,000.00) dollars to conduct the five-day city audit, and directed the Plaintiff to do all things necessary to ensure the auditor had everything he needed to perform his tasks, including arranging for hotel accommodations. The auditor from Hayes and Associates, contacted the Plaintiff and stated he had made his own hotel arrangements in Yankton, South Dakota because the amenities were better.
49. The Holiday Inn Express Hotel in Yankton, South Dakota contacted Plaintiff after the auditor arrived and advised that the physical credit card needed to be present at the front desk for the stay. Plaintiff advised Mayor Evans, who then authorized Plaintiff to proceed to Yankton, South Dakota in the police cruiser to complete the transaction for the auditor’s stay.
50. Donna Cook and Shantel Tramp and Mayor Evans, later concocted a fabrication that Plaintiff had made a charge for a hotel in Texas on the city credit card which was false. Plaintiff denied any knowledge of such transaction. Foley and Evans caused a false accusation to be published in a later State Audit that was requested by Evans, that Plaintiff mishandled the funds in charging the hotel stay for the auditor (which the Mayor directed be done), and that Plaintiff mishandled funds set up for a Shop with a Cop program, which was completely false.
51. Foley and Evans were given evidence from the bank and by Sergeant Miller that Plaintiff had nothing to do with the handling of funds nor the account for Shop with a Cop. Knowing that corrected information, Foley and Evans conspired to publish the false information in a statewide audit falsely accusing Plaintiff of misappropriation.
52. Foley consistently engages in these tactics against Plaintiff to keep up the façade that Plaintiff is incapable of handling any kind of public funds or serving in a public capacity due to Plaintiff disbarment in Nebraska fifteen years earlier.
53. Foley orchestrated and caused information to be sent to various citizens in Crofton, Nebraska, whom he thought had influence, and circulated a Google article that Plaintiff had been disbarred as an attorney and was therefore unfit to serve in such a capacity as Chief of Police. Notwithstanding the Nebraska Attorney General had previously investigated the Plaintiff for previous attempts to remove him from service as a law enforcement official by the Nebraska Crime Commission and Law Enforcement Training Center. The Nebraska Attorney General wrote an opinion letter certifying that Plaintiff was eligible to serve in a law enforcement capacity without restriction, and that the disbarment had no bearing of Plaintiff’s fitness to serve in a law enforcement capacity since law enforcement officers are not required to be members of the state bar.
54. After those attempts to remove Plaintiff as police chief failed, the Mayor of Crofton applied and was later hired by the Crofton High School to serve as a shop teacher. However, he had previously agreed to refrain from such employment due to previous allegations of Pedophilia from students he had taught in several school jurisdictions in the past and had been terminated from all previous employment as a teacher as a result.
55. Though Nebraska is a mandatory reporting jurisdiction for such deviant conduct against children, the offenses were never reported to Nebraska authorities due to the economic community standing and family name the Mayor of Crofton was married into. Members of the school broad entered into an agreement not to report Evans’ suspiciously deviant conduct, in exchange for him agreeing never to work in a school environment again where children were present.
56. Plaintiff received several complaints from past school board members regarding his past conduct involving juveniles and breach of his agreement not to teach children in a school setting again.
57. Plaintiff also received, within the same month, several complaints from middle school aged girls that a camera had been installed at the Crofton swimming pool. One camera was placed looking into the girl’s locker room area and the other at the pool area where children and women were sunbathing.
58. During an investigation into the complaints, Sergeant Miller discovered that Mayor Evans of Crofton, had directed that the cameras be professionally installed where they were placed and had directed the installation company to stream the video to his personal cellular phone. Plaintiff confirmed the video was not streamed to the personal phone of any other city council member, city clerk or Sheriff’s Office Dispatcher.
59. Plaintiff notified the Knox County Sheriff, Nebraska State Patrol and Knox County Attorney of the investigation and concerns. All the agencies failed and refused to investigate the matter due to the sensitive nature of the complaint and the family ties Mayor Bob Evans had in the community. The Nebraska Attorney General’s Office refused to investigate the case because “they did not want to step on the toes of the County Attorney who has discretion of what cases they decide to prosecute.” Upon discovering he was under investigation, Mayor Evans employed Foley to conduct a second “city audit” for the sole purpose to target and discredit Plaintiff. Mayor Evans and City Council paid Foley Thirteen Thousand Dollars ($13,000.00), (just three weeks after paying Hayes and Associates over $19,000.00 for a comprehensive annual audit, to conduct the second audit), which was focused on and intended to disparage and discredit the Plaintiff.
60. In his published state audit, Foley maliciously and intentionally published injurious falsehoods concerning the Plaintiff and alluded to the fact that Plaintiff had been disbarred in Nebraska for misappropriation. Even after Plaintiff contacted Foley via phone and email and had a discussion regarding the false and misleading information that was given to Foley by Donna Reed, and Shantel Tramp, Foley published the knowingly false information concerning Plaintiff after receiving documented evidence to the contrary. Foley’s audit against the Plaintiff was calculated and intended to destroy the Plaintiff’s credibility and to protect the Crofton Mayor and other elected officials in Knox County, Nebraska.
61. Mayor Evans further filed a false, uninvestigated complaint, with no evidence, alleging Plaintiff verbally threatened Donna Cook, the city clerk and Shantel Tramp, the acting city treasurer. Mayor Evans sent false information to the Director of the Nebraska Crime Commission, that Plaintiff had made verbal threats towards the city clerk and city treasurer. No evidence of such a threat was ever adduced. The Director of the Crime Commission immediately placed the Plaintiff law enforcement credentials in Nebraska “on hold” pending an investigation.
62. Plaintiff was never notified of any such hold or investigation by the Nebraska Crime Commission but learned of the “hold” after being terminated as police chief for the city of Crofton and offered employment as police chief in two other jurisdictions. Both jurisdictions interviewed Plaintiff and offered the position as chief of police at a salary above Sixty-five Thousand Dollars ($65,000.00) per year. Both jurisdictions withdrew their offers of employment after being advised by the Director of the Nebraska Crime Commission that Plaintiff was ineligible to be employed anywhere in the State of Nebraska or elsewhere, due to the pending investigation for alleged misconduct.
63. Plaintiff requested a copy of the investigation or any evidence that justified invalidation of Plaintiff’s law enforcement credentials with no due process thereby tortiously interfering with Plaintiff’s inability to continue his employment in law enforcement. Plaintiff was advised by the Director of the Crime Commission that no such validation had been received, and he was still “looking into the matter.” More than two years has lapsed with no follow up, investigation or justification for having tortiously interfered with Plaintiff’s ability to work in law enforcement and community organizations. The harm against the Plaintiff is ongoing and malicious.
64. In July 2025 State Auditor Foley again published false and disparaging information against the Plaintiff with The Nebraska Examiner and KETV News. This conduct of tortious interference has been ongoing for fifteen years with State Auditor Foley using the color of his various state elected offices against the Plaintiff.
65. Based upon the above facts, Plaintiff has been discriminated against and will continue to be discriminated against unless and until Defendants, each and every one of them, are enjoined and forced to cease and desist from continuing to discriminate against Plaintiff and others similarly situated.
66. Plaintiff has suffered severe financial loss and setbacks due to the Defendants conduct and conspiracies to continually harm the Plaintiff. Plaintiff has suffered mental and emotional distress due to Mike Foley’s overreach to intentionally and malicious harm Plaintiff, even after Plaintiff relocated to San Diego and South Dakota.
FIRST CAUSE OF ACTION
SLANDER/DEFAMATION (Conspiracy)
67. Defendant Mike Foley (“Foley”) is the duly elected State Auditor of Nebraska, who
at all times relevant acted under color of state law and in concert with other individuals and entities.
Upon information and belief, Foley and other named Defendants entered into an agreement and conspiracy to publish and disseminate false and defamatory statements concerning the Plaintiff, with the intent to harm Plaintiff’s reputation, credibility, and character.
Specifically, Defendants falsely asserted, stated, and implied that Plaintiff engaged in conduct that was improper, unethical, and/or unlawful, when in fact such statements were knowingly false and made with reckless disregard for the truth.
On or about January 2025, and July 17, 2025, Defendant KETV News, acting in concert with and/or as a publisher of Defendants’ false assertions, broadcasted a televised news segment that repeated, endorsed, and further disseminated the defamatory statements to the general public.
The statements made and published were false, unprivileged, and made with actual malice, as Defendants knew the statements were false or acted with reckless disregard as to their truth or falsity.
As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered severe harm, including but not limited to: loss of reputation, diminished standing in the community, emotional distress, humiliation, mental anguish, and loss of professional and personal opportunities.
Defendants’ conspiracy and coordinated actions constitute slander and defamation per se, in that they accuse Plaintiff of conduct incompatible with his profession, ethics, and integrity.
Plaintiff is entitled to actual damages, general damages for reputational harm and emotional distress, punitive damages to deter such conduct, and any other relief deemed just and proper by this Court.
WHEREFORE, Plaintiff John Carter respectfully demands judgment against Defendants, jointly and severally, for compensatory damages, punitive damages, costs of this action, attorney’s fees where applicable, and such other and further relief as the Court deems just and equitable.
SECOND CAUSE OF ACTION
Conspiracy Against Rights
(18 U.S.C. §241)
Plaintiff refers to and incorporates by reference each and every allegation of the paragraphs above as though fully set forth herein.
Under 18 U.S.C. §241, it is unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same. It is also unlawful if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured. Any person found to have violated this statute shall be subject to a fine under this title, or imprisonment for not more than ten years, or both.
Defendants, acting in concert, knowingly and willfully conspired to deprive Plaintiff of his federally protected rights, including but not limited to the right to equal protection under the law, and the right to participate in public employment without racial discrimination.
The conspiracy was carried out through a series of coordinated acts, with each defendant playing a specific role:
a. Nebraska State Auditor Mike Foley: Misrepresented facts about Plaintiff’s conduct and qualifications to other state officials, creating a pretext to justify Plaintiff’s termination; communicated directly with third parties to spread false statements intended to damage Plaintiff’s reputation; and coordinated with other defendants to block Plaintiff from reinstatement or alternative employment opportunities.
b. Nebraska Governor James Pillen: Approved and ratified the actions of Auditor Foley, exerted influence over state agencies and officials to ensure Plaintiff’s termination, and participated in the dissemination of false narratives to justify discriminatory treatment.
c. Other State Officials and Co-Conspirators: Assisted in implementing the scheme by participating in meetings, issuing or supporting false reports, and providing information to media outlets, all with the intent to intimidate and oppress Plaintiff and prevent him from exercising his constitutional and statutory rights.
d. Media Outlets (including KETV News): Although not state actors, were knowingly provided false information by the defendants, which was published and broadcast to the public, further injuring Plaintiff’s reputation and interfering with his federally protected rights.
The coordinated acts described above were carried out with willful intent, malice, and knowledge of Plaintiff’s federally protected status as an African/Native American. The defendants acted with the purpose of interfering with Plaintiff’s rights to equal protection, free participation in public employment, and protection against racial discrimination.
As a direct and proximate result of Defendants’ conspiracy, Plaintiff has suffered damages, including but not limited to loss of employment, loss of business opportunities, emotional distress, reputational harm, and other compensable injuries, for which Defendants are jointly and severally liable.
Racial Discrimination Under Color of Law
and Related Economic Harm (42 U.S.C. §1983)
49. Plaintiff re-alleges and incorporates by reference each and every allegation contained in the preceding paragraphs as if fully set forth herein.
50. At all relevant times, Defendants, including the Nebraska State Auditor, Mike Foley, Governor James Pillen, and other state actors, were acting under color of state law and within the scope of their official capacities.
51. Defendants intentionally subjected Plaintiff, an African/Native American, to discriminatory treatment based on his race, in violation of his rights under the Equal Protection Clause of the Fourteenth Amendment. This discriminatory treatment was not isolated but rather systematically coordinated to interfere with Plaintiff’s career, business relationships, and economic opportunities.
52. Specifically, Defendants engaged in a scheme of racial discrimination intertwined with fraudulent inducement and economic interference, including:
a. Inducing Plaintiff to leave his existing business and accept a high-level position under false pretenses, only to terminate him shortly thereafter, a pattern reflecting fraud in the inducement motivated by racial animus;
Subjecting Plaintiff to disparate treatment, harassment, and false accusations in his employment, thereby undermining his professional standing and creating pretext for termination;
Conspiring to interfere with Plaintiff’s economic opportunities by discouraging other entities from hiring him, contracting with him, or otherwise engaging in lawful business dealings;
Publicly disseminating false and slanderous statements targeting Plaintiff’s character, amplified by media coverage, to damage his reputation and deter others from professional engagement—all acts demonstrating racial bias and coordinated interference under color of law.
53. Defendants’ actions were motivated by racial animus and were deliberately designed to leverage state authority to cause Plaintiff economic and personal harm, while shielding themselves behind official capacities and public office. Plaintiff was treated differently from similarly situated individuals of other races, confirming the intentional and discriminatory nature of Defendants’ conduct.
54. The racial discrimination, fraudulent inducement, and interference with economic opportunities were not isolated acts but part of a unified course of conduct that caused significant and ongoing harm to Plaintiff, including lost income, reputational injury, emotional distress, and deprivation of federally protected rights.
55. Defendants’ conduct constitutes intentional racial discrimination under color of law, combined with fraud and tortious interference, in violation of 42 U.S.C. §1983 and other applicable federal and state law, entitling Plaintiff to compensatory damages, punitive damages, injunctive relief, and all other remedies available under law.
FOURTH CAUSE OF ACTION
Abuse of Process and Malicious Prosecution (Foley, Evans, Reed)
56. Plaintiff refers to and incorporates by reference each and every allegation of the paragraphs above as though fully set forth herein.
57. Defendants used the state audit and false accusations as tools to maliciously investigate, harass, and discredit Plaintiff.
58. 18 U.S.C. §242 states in part “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both…”
59. In the case at bar, the Defendants and each of them continue to deprive the Plaintiff of the right and privilege to serve in a law enforcement capacity (of which he is duly qualified) and has done for the past Thirty-two years. Defendants’ conduct is intended and calculated to subject the Plaintiff to disparate treatment and continuous punishment for having been disbarred. Notwithstanding that the Plaintiff could apply for reinstatement after five years and has done so.
60. Not even a person convicted of a felony endures such targeted and hostile treatment from a governmental agency or its representatives bent on a quest to defame and discredit an individual. Plaintiff has been and is continuously targeted and treated with disparity solely based upon his race, color and ethnicity Mike Foley as State Auditor and as an individual; Jim Pillen As Nebraska Governor and as an individual and other unknown co-conspirators.
61. The treatment complained about above violates 42 U.S.C. § 1983 and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution inasmuch as it is unlawful race discrimination.
FIFTH CAUSE OF ACTION
Violation of Federally Protected Activities (18 U.S.C. § 245)
62. Plaintiff repeats, realleges, and incorporates by reference each and every allegation contained in the foregoing paragraphs as though fully set forth herein.
Pursuant to 18 U.S.C. § 245(b)(c), it is unlawful for any person, whether or not acting under color of law, by force or threat of force, willfully to injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any individual in connection with applying for, obtaining, or enjoying employment, or any perquisite thereof, with any private employer, or with any agency of a State or political subdivision thereof, or in joining or using the services or advantages of any labor organization, hiring hall, or employment agency.
Plaintiff alleges that Defendants, and each of them, through their conduct described herein, have willfully and intentionally interfered with Plaintiff’s federally protected rights by depriving him of the ability to apply for, obtain, or maintain employment, and by seeking to discredit and invalidate his law enforcement credentials, thereby preventing him from pursuing his chosen profession.
Unless this Court intervenes and issues a Temporary Restraining Order, Plaintiff will suffer irreparable harm, in that Defendants’ conduct will effectively bar and deprive Plaintiff of the use and enjoyment of his professional credentials, under the false pretense that Plaintiff lacks credibility.
Plaintiff will be further irreparably injured by Defendants’ willful, wanton, and callous disregard of his federally protected rights, resulting in continued deprivation of employment opportunities and violation of his constitutional and statutory protections.
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:
a. For a Temporary Restraining Order and Preliminary and Permanent Injunction enjoining Defendants, their agents, employees, successors, and all persons acting in concert with them, from further interfering with Plaintiff’s federally protected rights to pursue and maintain employment, and from disseminating or publishing statements impugning Plaintiff’s professional credibility or qualifications;
b. b. For a declaratory judgment that Defendants’ actions constitute unlawful interference with federally protected rights under 18 U.S.C. § 245;
c. c. For compensatory damages in an amount to be proven at trial for economic losses, reputational harm, emotional distress, and loss of employment opportunities caused by Defendants’ conduct;
d. For punitive damages in an amount sufficient to punish Defendants and deter them from similar conduct in the future;
e. For Plaintiff’s costs of suit incurred herein, including reasonable attorney’s fees to the extent permitted by law; and
f. For such other and further relief as the Court deems just and proper.
SIXTH CAUSE OF ACTION
(Interference with Economic Opportunity)
[Against All Defendants]
67. Plaintiff realleges and incorporates by reference each and every allegation contained in the preceding paragraphs of this Complaint as though fully set forth herein.
Under Nebraska law, a plaintiff asserting a claim for tortious interference with a business relationship or business expectancy must establish: (1) the existence of a valid business relationship or expectancy; (2) knowledge of that relationship or expectancy by the defendant; (3) unjustified and intentional interference by the defendant; (4) proof that the interference caused harm to the plaintiff; and (5) actual damages resulting therefrom. Forest Prods. Indus. v. Conagra Foods, Inc., 460 F.3d 1000, 1002 (8th Cir. Neb. 2006), citing Macke v. Pierce, 266 Neb. 9, 14, 661 N.W.2d 313, 317 (2003).
At all relevant times, Plaintiff possessed valid economic opportunities, including:
a. A one-year appointment as Interim Director of the Nebraska Commission on African American Affairs; and
b. Offers of employment to serve as Chief of Police in two separate jurisdictions following his termination as Police Chief of Crofton, Nebraska.Defendant Mike Foley, acting individually and in concert with other Defendants, had knowledge of these economic opportunities.
Defendant Foley intentionally and unjustifiably interfered with Plaintiff’s employment opportunities by taking affirmative steps to undermine Plaintiff’s credibility and to cause the withdrawal or termination of his employment offers.
As a direct and proximate result of Defendants’ conduct, Plaintiff’s appointment as Interim Director was terminated, and his offers to serve as Chief of Police were rescinded.
Defendants lacked any legitimate justification for their interference. The Nebraska Attorney General had previously investigated and determined that Plaintiff’s disbarment did not hinder his service as a law enforcement officer. Likewise, Plaintiff’s service as Chairperson or Interim Director of the Commission on African American Affairs did not require an active law license.
Plaintiff has suffered, and continues to suffer, substantial damages, including but not limited to: lost income, loss of professional opportunities, injury to reputation and credibility, emotional distress, and ongoing economic harm.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendants, jointly and severally, and grant the following relief:
a. An award of compensatory damages in an amount to be determined at trial for lost wages, lost earning capacity, reputational harm, and emotional distress;
b. An award of punitive damages to deter Defendants and others from engaging in similar unlawful conduct;
c. Costs of suit incurred herein, including reasonable attorney’s fees where permitted by law; and
d. Such other and further relief as the Court deems just and proper.
SEVENTH CAUSE OF ACTION
Fraud in the Inducement
75. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.
76. Defendants knowingly and intentionally made false representations to Plaintiff to induce him to leave his established business and accept the position of Interim Director of the Nebraska Commission on African American Affairs.
77. Defendants represented that Plaintiff’s appointment was lawful, fully supported by the State of Nebraska, and would afford him the protections of due process.
78. Relying on these representations, Plaintiff ceased his business operations, relocated, and undertook the duties of Interim Director.
79. Defendants knew these representations were false and made them with the intent to defraud and injure Plaintiff.
80. Defendants subsequently terminated Plaintiff, falsely accusing him of unlawfully appointing or “hiring himself,” thereby causing substantial financial loss, reputational harm, and emotional distress.
81. This claim arises from the same series of transactions and occurrences as Plaintiff’s federal claims under 18 U.S.C. §245 and related statutes. The Court therefore has supplemental jurisdiction over this claim pursuant to 28 U.S.C. §1367(a), as it is part of the same case or controversy.
82. As a direct and proximate result of Defendants’ fraudulent inducement, Plaintiff suffered lost income, lost business opportunities, damage to his professional reputation, and other compensatory and consequential damages in an amount to be determined at trial.
83. Plaintiff seeks all remedies available at law and in equity, including compensatory damages, punitive damages, attorney’s fees, costs of suit, and such further relief as the Court deems just and proper.
EIGHTH CAUSE OF ACTION
Injunctive Relief
84. Plaintiff is informed and believes and thereon alleges that defendants will continue to
85. deprive Plaintiff of his civil rights and create irreparable harm to his person, property and
86. security by continuing to defame Plaintiff’s character as an educated person of color, law enforcement officer and lawyer.
87. It is upon the Plaintiff’s information and belief that Defendants have conspired to transfer, sell and hide their assets in anticipation of Plaintiffs civil complaint to avoid having to pay any judgment that may be rendered against them.
88. Therefore, Plaintiff respectfully request that this Court issue a restraining order that will render any transfer or sale of personal or real property valued at over Ten Thousand ($10,000.00) within sixty days of the filing of this action be rendered void or voidable.
89. Unless the court intervenes and issues a temporary restraining order to prevent further harm to plaintiff, the Defendants will have effectively used their positions of power to circumvent federal law in violation of the civil and federally protected rights.
WHEREFORE, Plaintiff prays as follows:
A. That a Temporary Restraining Order be issued immediately halting further defamation of Plaintiff’s name and reputation.
B. That the Court Order Jim Pillen and Mike Foley to immediately cease and desist their racial bias and discriminatory conduct toward Plaintiff and other persons of color serving in community leadership capacities in Nebraska.
C. That this Court enters a declaratory judgment finding that the actions Defendants were contrary to state and federal law.
D. That this Court award money damages for the deprivation of rights suffered by the Plaintiffs and others similarly situated, such damages to be paid by the State of Nebraska and each named defendant as joint and several liability.
E. That any transfer of property by Defendant’s within sixty days of this civil complaint is void or voidable.
F. That this Court award plaintiff’s attorney fees and costs of suit;
G. and for such other relief the Court deems just and proper.
DATED: this 22nd day of August 2025
JOHN M. CARTER, PLAINTIFF
____s/ John M. Carter__________
John M. Carter, J.D. Pro Se
johncarter0729@gmail.com
CERTIFICATION
COMES NOW John M. Carter, Named Plaintiff herein, and states that all the above statements are true and correct to the best of his personal knowledge and belief. Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically, so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
_s/ John M Carter__________
John M. Carter, Pro Se
[1] Connie Edmond, Clarice Jackson and Vernon J. made false representations to Pillen and Foley that Plaintiff was not a “legitimate Interim Director” or Chair of the Commission on African American Affairs.