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U.S. District Court, District of Minnesota, 2024

Lindsey v. Department of Human Services

Lindsey v. Department of Human Services
U.S. District Court, District of Minnesota · Decided August 21, 2024
Lindsey v. Department of Human Services

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Dale Allen Lindsey, Case No. 23-CV-3299 (KMM/JFD) Plaintiff, v. ORDER Jodi Harpstead, Nicole Broder, John Barry, Keire Ovsak, Tanya Eiffer, and Krista Gilpin, Defendants.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty, dated July 12, 2024. ECF 40. Judge Docherty recommends the dismissal of official-capacity claims against certain state officials, but would allow certain individual-capacity claims to proceed. See id. Plaintiff Dale Lindsey has filed a response indicating he does not object to these recommendations. ECF 42.

The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F.

Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise, and the R&R is accepted in full.

IT IS HEREBY ORDERED that: 1. Defendant’s Motion to Dismiss (ECF 21) is GRANTED; and 2. Plaintiff’s Causes of Action for monetary damages under 42 U.S.C. § 1983 against Defendants sued in their official capacities are DISMISSED WITHOUT PREJUDICE.

Date: August 20, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Dale Allen Lindsey, Case No. 23-CV-3299 (KMM/JFD) Plaintiff, v. ORDER Jodi Harpstead, Nicole Broder, John Barry, Keire Ovsak, Tanya Eiffer, and Krista Gilpin, Defendants.

The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge John F. Docherty, dated July 12, 2024. ECF 40. Judge Docherty recommends the dismissal of official-capacity claims against certain state officials, but would allow certain individual-capacity claims to proceed. See id. Plaintiff Dale Lindsey has filed a response indicating he does not object to these recommendations. ECF 42.

The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F.

Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court's careful review of the R&R and the record in this case, the Magistrate Judge committed no error, clear or otherwise, and the R&R is accepted in full.

IT IS HEREBY ORDERED that: 1. Defendant’s Motion to Dismiss (ECF 21) is GRANTED; and 2. Plaintiff’s Causes of Action for monetary damages under 42 U.S.C. § 1983 against Defendants sued in their official capacities are DISMISSED WITHOUT PREJUDICE.

Date: August 20, 2024 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.