Soto-Elliott v. State of Nebraska

CourtDistrict Court, D. Nebraska
DecidedJuly 31, 2025
Docket8:24-cv-00290
StatusUnknown

This text of Soto-Elliott v. State of Nebraska (Soto-Elliott v. State of Nebraska) 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.

Bluebook
Soto-Elliott v. State of Nebraska, (D. Neb. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

YUKIE SOTO-ELLIOTT,

Plaintiff, 8:24CV290

vs. MEMORANDUM AND ORDER STATE OF NEBRASKA, in official capacity; COUNTY ATTORENY OFFICE, in official capacity; CITY OF BELLEVUE, in official capacity; BELLEVUE POLICE DEPARTMENT, in official capacity; PAPILLION POLICE DEPARTMENT, in official capacity; SARPY COUNTY JAIL, in official capacity; AIMEE C. BATAILLON, in official capacity; J. HAGGIS, Bellevue Officer, in official capacity; D. BAFARO, Officer, in official capacity; HOWARD BANKS, LT, in official capacity; MCDANIEL, Sargent, in official capacity; AUTO BODY AUTHORITY TOWING AND IMPOUND INC, in official capacity; and HONDA CARS OF BELLEVUE DEALERSHIP,

Defendants.

Plaintiff Yukie Soto-Elliott (“Plaintiff”) filed a Complaint, (Filing No. 1), on July 22, 2024, and has been given leave to proceed in forma pauperis, (Filing No. 7). The Court is required to conduct an initial review of Plaintiff’s claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). Before conducting this review, the Court will address the multiple motions Plaintiff has filed to amend her Complaint. I. MOTIONS TO AMEND COMPLAINT Plaintiff filed her 144-page Complaint on July 22, 2024, naming the following parties as defendants: State of Nebraska, County Attorney Office, City of Bellevue, Bellevue Police Department (“BPD”), Papillion Police Department (“PPD”), Sarpy County Jail, Bellevue City Attorney Aimee C. Bataillon (“Bataillon”), BPD Officer J. Haggis (“Officer Haggis”), BPD Officer D. Bafaro (“Officer Bafaro”), BPD Lieutenant Howard Banks (“Lt. Banks”), BPD Sergeant McDaniel (“Sgt. McDaniel”), Auto Body Authority Towing and Impound Inc. (“Auto Body Authority Towing”), and Honda Cars of Bellevue Dealership (“Bellevue Honda”). On September 3, 2024, Plaintiff filed a motion to amend her Complaint (“First Motion to Amend”), identifying the only amendment as being to “Section 3,” her request for relief, and including what appear to be requests for a “subpoena for production of documents from all defendants,” “to overrule dismissal or transfer to federal jurisdiction,” for “arrest warrants,” and “to submit USB drive” as an exhibit. (Filing No. 8 at CM/ECF p.1.) Plaintiff attached a signed copy of her proposed amended complaint consisting of 152 pages, the majority of which mirrored her original Complaint but included different attachments. (Compare Filing No. 1 with Filing No. 8.) Subsequently, on January 7, 2025, Plaintiff filed a second motion to amend her Complaint (“Second Motion to Amend”), asking to amend her pleading to dismiss defendants County Attorney Office, City of Bellevue, BPD, PPD, Sarpy County Jail, Bataillon, Lt. Banks, Sgt. McDaniel, and Bellevue Honda. (Filing No. 10 at CM/ECF pp. 1–7.) Plaintiff also attached a signed copy of her proposed amended complaint (hereinafter “Amended Complaint”), alleging claims against the remaining four defendants State of Nebraska, Auto Body Authority Towing, Officer Bafaro, and Officer Haggis. (Filing No. 10 at CM/ECF pp. 7–390). Plaintiff indicated her Second Motion to Amend “is the final [motion to] amend and [Plaintiff] is satisfied with [the] amend[ment].” (Filing No. 10 at CM/ECF p. 1.) Plaintiff clearly intended her proposed Amended Complaint to supersede both her original Complaint and her First Motion to Amend. Accordingly, upon consideration, the Court will grant Plaintiff’s Second Motion to Amend, (Filing No. 10), will consider the Amended Complaint as the operative pleading, see NECivR 15.1(b), and will deny Plaintiff’s First Motion to Amend, (Filing No. 8), as moot. In the interests of justice, the Court will forgo the requirement in NECivR 15.1(c) that Plaintiff file the Amended Complaint after the granting of her motion to amend and will direct the Clerk of Court to update the docket text of Filing No. 10 to reflect that it is the Amended Complaint. See NEGenR 1.1(c) (“[I]n the interests of justice a judge may deviate from this court’s rules or procedures.”). The Court now conducts an initial review of the Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2). For purposes of this initial review, the Court has considered the contents of the flash drive attachment Plaintiff filed with her original Complaint. (Attachment A1 to Filing No. 1.) II. SUMMARY OF AMENDED COMPLAINT Plaintiff sues the State of Nebraska, Auto Body Authority Towing, Officer Bafaro, and Officer Haggis (collectively “Defendants”) all in their official capacities. Plaintiff alleges Defendants violated the Americans with Disabilities Act (“ADA”), as well as her constitutional rights, HIPPA LAWS, Police misconduct, police brutality, human rights, civil rights, city laws, state laws, federal laws, Indonesia laws, terroristic attack homeland security, hate crime, slander, false arrest, illegal towing, personal property damage, personal injury damaged, government corruption, co-conspiracy, ADA police vs deaf and hard of hearing laws, intimidations, retaliation, discrimination, assault on disabled person, adult disabled abuse, ethic code, interpret laws and protection, police perjury of a police report, biased arrest, racial profiled, targeted, defamations charter, allowed hit and run, allowed someone to pull gun, allowed leaving the of wreck, allowed failure to prove information after wreck, illegal towing, [and] abuse of power.

(Filing No. 10 at CM/ECF p. 8 (as in original).)1 Plaintiff’s Amended Complaint consists of over 380 pages including approximately 26 often-lengthy numbered paragraphs interspersed with recitations of various legal or other authorities and supplemental exhibits including over 280 pages of medical records. The facts underlying Plaintiff’s claims are difficult to discern within the prolix Amended Complaint. Plaintiff describes herself as a deaf/hard-of-hearing, Native American, transgender woman who owns and operates a non-profit organization called R-Elliott Company Critic Worldwide News Community Emergency Response Team, Inc. (Filing No. 10 at CM/ECF pp. 22, 29.) As the Court understands it, on April 30, 2024, in Bellevue, Nebraska, Plaintiff was involved in an incident where another driver almost ran her off the road and, when Plaintiff tried to obtain the other driver’s information, the other driver pulled a gun on Plaintiff. The other driver then drove off and falsely reported to law enforcement that Plaintiff was at fault. Officer Haggis and Officer Bafaro then encountered Plaintiff at a Tire Plus store where Plaintiff was parked in her “2011 Kia Sorento ex storm chaser ambulance CERT [Community Emergency Response Team] company car.” (Filing No. 10 at CM/ECF p. 27.) Plaintiff alleges she told the officers that she refused to speak to them without a supervisor because she previously filed a formal complaint against Officer Haggis related to a January 28, 2024, traffic stop where Officer Haggis cited Plaintiff for an improper turn. Plaintiff claims Officer Haggis then ripped her vehicle’s door open and “in 10 seconds” “forced

1 Unless otherwise indicated, citations to the Amended Complaint will be corrected for spelling, capitalization, and punctuation. dragged [her] out of her car” and “tossed her to the ground ripping the stitches on her left breast” from Plaintiff’s recent breast implant surgery. (Filing No. 10 at CM/ECF p.

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Soto-Elliott v. State of Nebraska, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soto-elliott-v-state-of-nebraska-ned-2025.