Marvel Jones v. Michael Gettmann, LICSW/LIMHP, Sued In His Individually Capacity, and Sen. Robert Rose, of Law Enforcement and Public Safety for the Nebraska State Patrol Sued In His Individually Capacity
This text of Marvel Jones v. Michael Gettmann, LICSW/LIMHP, Sued In His Individually Capacity, and Sen. Robert Rose, of Law Enforcement and Public Safety for the Nebraska State Patrol Sued In His Individually Capacity (Marvel Jones v. Michael Gettmann, LICSW/LIMHP, Sued In His Individually Capacity, and Sen. Robert Rose, of Law Enforcement and Public Safety for the Nebraska State Patrol Sued In His Individually Capacity) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
MARVEL JONES,
Plaintiff,
vs. 8:23-CV-182
MICHAEL GETTMANN, LICSW/LIMHP, Sued In His ORDER Individually Capacity, and SEN. ROBERT ROSE, of Law Enforcement and Public Safety for the Nebraska State Patrol Sued In His Individually Capacity,
Defendants.
The plaintiff has filed a motion "for declaratory and injunctive relief" asking the Court to order the Norfolk Regional Center not to limit the amount of legal paperwork the plaintiff can have. Filing 119. The Court will deny the plaintiff's motion. The problem is that the plaintiff is asking the Court to issue a preliminary injunction against a non-party to this case, based on claims that aren't asserted in this case. Generally, injunctions may not be enforced against nonparties. JDR Indus., Inc. v. McDowell, 121 F. Supp. 3d 872, 892 (D. Neb. 2015) (citing Nat'l Spiritual Assembly of Bahá'ís of U.S. Under Hereditary Guardianship, Inc. v. Nat'l Spiritual Assembly of Bahá'ís of U.S., Inc., 628 F.3d 837, 848 (7th Cir. 2010)). There are exceptions to that rule—for instance, when the officers or agents of a party may be enjoined, see id.—but no such exception is present here. The Norfolk Regional Center is not an agent of either remaining defendant. Furthermore, a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint. Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994). The plaintiff's operative claims here are against a social worker and a police officer for malicious prosecution and civil conspiracy. See filing 1; filing 52. They do not relate, in any way, to the alleged conduct of the Norfolk Regional Center in limiting what the plaintiff may possess in his room. See filing 119. Accordingly,
IT IS ORDERED that the plaintiff's motion for declaratory and injunctive relief (filing 119) is denied.
Dated this 27th day of March, 2026.
BY THE COURT:
hn M. Gerrard enior United States District Judge
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Marvel Jones v. Michael Gettmann, LICSW/LIMHP, Sued In His Individually Capacity, and Sen. Robert Rose, of Law Enforcement and Public Safety for the Nebraska State Patrol Sued In His Individually Capacity, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvel-jones-v-michael-gettmann-licswlimhp-sued-in-his-individually-ned-2026.