S-22-0648 Kendel Blake Swicord (Appellant) v. Nebraska Police Standards Advisory Council and Nebraska Commission on Law Enforcement and Criminal Justice a/k/a Nebraska Crime Commission (Appellees) 

Appeal from the District Court for Hall County, Judge Ryan C. Carson

Attorneys:  Steven M. Delaney and Megan E. Shupe (Reagan, Melton & Delaney, L.L.P. for Appellant) and Elizabeth O. Gau (Asst. Attorney General for Appellee)

Civil:  Administrative Procedures Act and Admission to Law Enforcement Training Program

Proceedings below:  Appellant appealed to the district court the decision of the Police Standards Advisory Council to affirm the decision of Nebraska Law Enforcement Training Center to deny Appellant entry into the basic law enforcement training program.  The district court affirmed the denial of Appellant’s application.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues: Appellant makes the following assignments of error:  1) The District Court erred by finding the Director of the NLETC did not usurp the Sheriff’s authority to conduct a background investigation; 2) The District Court erred by finding PSAC properly evaluated all mitigating factors concerning Appellant’s application.