Disclosure: Oversight Justice is owned by David Mitchell, who sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025. Mitchell founded this site and owns Gamers Hub LLC, which does business as Go Gamers.
David Mitchell. Photo: David Mitchell / Facebook
OMAHA — David Mitchell, the Omaha entrepreneur who owns this news site, has been a defendant in Douglas County cases and later took Douglas County, the City of Omaha and the county’s top prosecutor to federal court. He lost: a federal judge dismissed the suit in April 2024, and an appeals court affirmed in February 2025.
This article summarizes what public records show about those matters, explains in plain language what the court ruled about each defendant, and separates what the records show from what Mitchell says. For a profile of Mitchell and his businesses, see David Mitchell.
Because Kleine was a named defendant in Mitchell’s suit, and because Mitchell owns this site, readers should know the history. That is the reason for the disclosure at the top and bottom of this article.
The criminal cases
Burglary charge dismissed
A burglary charge against Mitchell was dismissed Aug. 12, 2022, according to press reports and his federal complaint. The office of Douglas County District Judge Timothy Burns confirmed the dismissal to 3 News Now, according to the station.
Sexual assault charge
Mitchell says he was found not guilty of a separate sexual assault charge in October 2021. Oversight Justice has not yet obtained the court clerk’s record of that outcome.
Domestic violence charge
Mitchell says a domestic violence charge against him from October 2022 was also dismissed. Oversight Justice has not yet obtained the court clerk’s record of that dismissal.
Oversight Justice will update this article when it obtains the clerk’s records. Under its corrections policy, any change will be noted.
The federal lawsuit
Who Mitchell sued
Mitchell filed Mitchell v. County of Douglas in U.S. District Court in Nebraska on Aug. 1, 2023. The defendants included Douglas County, the Douglas County Attorney’s Office, Donald W. Kleine “in his individual and official capacity as Douglas County Attorney,” deputy county attorneys, the City of Omaha and Omaha police officers.
What the district court ruled
On April 12, 2024, the court granted both of the defendants’ motions to dismiss. “Defendants’ Motion to Dismiss, Filing 25, is granted; and … Defendants’ Motion to Dismiss, Filing 27, is granted,” the order says.
The court gave different reasons for different defendants.
It held that five county attorneys — Kleine, Olson, McGee, Kilcoin and Delehant — were entitled to absolute prosecutorial immunity.
It held that Omaha police Officer Robert Wiley was entitled to absolute immunity as a testifying witness.
It dismissed the claims against Douglas County and the City of Omaha because Mitchell had not stated a so-called Monell claim, the standard for holding a local government liable.
It found the Douglas County Attorney’s Office is not a separate entity that can be sued.
It dismissed the claims against Officers Robbish and Dunwoody for failure to state a claim.
It ruled that sovereign immunity barred Mitchell’s state-law claims.
“Where Mitchell’s claims are not otherwise barred, he failed to state a plausible claim for relief,” the order says.
What the ruling did and did not decide
The dismissal came at the earliest stage of the case. Under Rule 12(b)(6), the court accepted the complaint’s nonconclusory allegations as true for the purpose of the motions and asked whether they stated a legal claim. It did not hold a trial or decide whether the allegations were true or false.
Immunity rulings work the same way. Absolute prosecutorial immunity protects prosecutors from civil suits over their work as advocates in court, and witness immunity protects testimony. The order applied those doctrines to the five county attorneys and to Officer Wiley; it relied on other grounds for the other defendants.
The appeal
Mitchell appealed. On Feb. 5, 2025, a panel of the 8th U.S. Circuit Court of Appeals affirmed in an unpublished opinion (No. 24-1839). “After careful review, we see no grounds for reversal and therefore affirm the judgment of the district court,” the panel wrote.
Key dates
Date
Event
Source
Oct. 2021
Sexual assault charge: not guilty (per Mitchell; clerk record not yet obtained)
Mitchell
Aug. 12, 2022
Burglary charge dismissed
KMTV 3 News Now; Judge Burns’s office
October 2022
Domestic violence charge dismissed (per Mitchell; clerk record not yet obtained)
Mitchell
Aug. 1, 2023
Mitchell v. County of Douglas filed, No. 8:23-cv-00332 (D. Neb.)
Federal docket
April 12, 2024
Both motions to dismiss granted; suit dismissed
Court order (Doc 44)
Feb. 5, 2025
8th Circuit affirms, No. 24-1839
8th Circuit opinion
Aug. 25, 2025
Oversight Justice documentary published
YouTube
Nov. 3, 2026
Danner leads Kleine in unofficial results
Douglas County Election Commission
Key dates. Sources are listed at the end of this page.
Mitchell’s side: the documentary
Mitchell also publishes videos on a YouTube channel called Oversight Justice, including an August 2025 film titled “Most Corrupt Police Department and Prosecutors Office Exposed | Omaha, Nebraska.” The title is the film’s own characterization. The video had more than 124,000 views as of Nov. 3, 2026.
Documentary: “Most Corrupt Police Department and Prosecutors Office Exposed | Omaha, Nebraska” (Oversight Justice on YouTube, published Aug. 25, 2025). The title is the film’s own characterization.
The documentary alleges that Mitchell was wrongly targeted, starting with a 2019 police search of his Lincoln store, and it presents his account of his arrests, his sexual assault trial and the dismissal of the burglary case. It says its material comes from police reports, court transcripts, news coverage, testimony and body-camera footage. The film also describes his federal suit and its dismissal on immunity grounds. These are the film’s claims. The court record above does not resolve them, and the people and agencies the film criticizes may dispute them.
The business
Mitchell owns Gamers Hub LLC, which does business as Go Gamers, a video game store brand. The earlier Gamers chain closed all its locations in 2018, its owner told KETV. Mitchell took over the Gamers name, according to the company’s website. He says he reopened Gamers at 124th & Center in 2019.
The company, a Nebraska limited liability company filed in November 2020, uses the trade names Go Gamers and Game Repair Shop. The company says it runs a store at 2711 King Ln. in Lincoln and plans to open an Omaha store on Redick Circle on Nov. 14, 2026 (Gamers plans Nov. 14 opening of Omaha store on Redick Circle).
In 2021 Mitchell was a candidate for office; the Omaha Daily Record profiled him on March 24, 2021, under the headline “District 2: David Mitchell.”
How we reported this
This article relies on the district court’s April 12, 2024, order, the 8th Circuit’s Feb. 5, 2025, opinion, a federal docket summary, KMTV and KETV reports, Nebraska Secretary of State records and the company’s own website. Statements that rest only on Mitchell’s account are labeled. Oversight Justice follows its editorial standards. More about the owner: David Mitchell.
Frequently asked questions
What was Mitchell v. County of Douglas?
It was a federal civil-rights lawsuit David Mitchell filed in U.S. District Court in Nebraska on Aug. 1, 2023 (No. 8:23-cv-00332). The defendants included Douglas County, the Douglas County Attorney’s Office, County Attorney Don Kleine, deputy county attorneys, the City of Omaha and Omaha police officers.
Why was the lawsuit dismissed?
On April 12, 2024, the court granted the defendants’ motions to dismiss on several grounds: absolute prosecutorial immunity for five county attorneys, absolute witness immunity for one officer, no Monell claim against the county or city, the County Attorney’s Office not being a separate suable entity, failure to state a claim against two officers, and sovereign immunity for the state-law claims.
Did the court decide whether Mitchell’s allegations were true?
No. At the motion-to-dismiss stage the court applied Rule 12(b)(6) standards and accepted the complaint’s nonconclusory allegations as true for the purpose of ruling. It did not hold a trial or make findings of fact.
What did the 8th Circuit decide?
On Feb. 5, 2025, a panel of the 8th U.S. Circuit Court of Appeals affirmed the dismissal in an unpublished opinion (No. 24-1839): “After careful review, we see no grounds for reversal and therefore affirm the judgment of the district court.”
What happened to the criminal charges against David Mitchell?
A burglary charge was dismissed on Aug. 12, 2022, which Judge Timothy Burns’s office confirmed to KMTV 3 News Now, according to the station. Mitchell says he was found not guilty of a sexual assault charge in October 2021 and that a domestic violence charge from October 2022 was dismissed; Oversight Justice has not yet obtained the clerk’s records of those outcomes.
Is Oversight Justice independent of David Mitchell?
No. Mitchell owns Oversight Justice. That is why this article carries a disclosure, sticks to public records and labels Mitchell’s own statements as his.
Disclosure: Oversight Justice is owned by David Mitchell, who sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025. Mitchell founded this site and owns Gamers Hub LLC, which does business as Go Gamers.
Questions or corrections: dave@oversightjustice.com.
Nebraska Secretary of State business records: Gamers Hub LLC (Domestic LLC, filed Nov. 18, 2020) and trade names GAME REPAIR SHOP (filed March 21, 2025) and GO GAMERS (filed April 3, 2025)
