Former Lancaster Deputy Sues for Job Reinstatement After Dismissal for Not Executing Warrant

LINCOLN, Neb. — A former Lancaster County Sheriff’s deputy is contesting his termination after being accused of neglecting to arrest two individuals despite active warrants for their arrest. The former officer, Ryan Schmuecker, initiated legal proceedings against Lancaster County, the Sheriff’s office, Sheriff Terry Wagner, and the office’s Merit Commission, challenging the grounds of his dismissal.

At the center of the controversy is an incident on Feb. 18 when Schmuecker, then a sergeant, allegedly came across two individuals wanted on outstanding warrants. According to Sheriff Wagner, Schmuecker advised the two to resolve their issues by paying their fines rather than placing them under arrest. This decision led to Schmuecker being cited for neglect to serve a misdemeanor warrant by the Lincoln Police Department in March.

Subsequently, an internal investigation spearheaded by Sheriff Wagner ensued, scrutinizing Schmuecker’s conduct. The investigation ultimately concluded on April 15 after a thorough review of the situation involving interviews and consultations with legal representatives.

Despite Schmuecker’s opportunity to present his case during a disciplinary hearing conducted by the office’s Merit Commission on April 23, he was dismissed from his role on May 10. Schmuecker made an immediate appeal against his termination; however, it was not successful.

The lawsuit filed by Schmuecker’s attorney argues that the former deputy’s termination was an excessive reaction that disregarded proper procedures for a fair defense, hence violating his right to due process. Furthermore, the accusations challenge the application of progressive discipline, suggesting that alternative, less severe measures were overlooked.

Previously, Sheriff Wagner highlighted other disciplinary lapses involving Schmuecker. Notably, in a past incident in 2022, Wagner cited that Schmuecker allowed a handcuffed suspect to consume alcohol. According to District Judge Susan Strong, this incident raised significant doubts regarding Schmuecker’s credibility.

Complicating matters, Schmuecker’s decision not to arrest the two individuals with warrants has faced scrutiny. Wagner expressed dissatisfaction through several letters included in the lawsuit, indicating that Schmuecker believed arresting the individuals would be inefficient as they would likely be released shortly after.

However, contrary to Schmuecker’s prediction, the individuals were subsequently taken into custody days later, expressing surprise that they weren’t arrested during their initial encounter with Schmuecker.

Currently, Schmuecker faces two misdemeanor charges related to the incident, with his attorney recently seeking to have the charges dismissed or reduced. The case is under review, and a judicial decision is anticipated by the end of the month.

This legal battle not only questions the specifics of Schmuecker’s conduct and the subsequent disciplinary actions but also delves into broader issues regarding the enforcement of law and the standards to which law enforcement officers are held. This case continues to unfold as the community awaits further developments.