Guertin v. Hennepin County

U.S. District Court, District of Minnesota

Guertin v. Hennepin County

Trial Court Opinion

               UNITED STATES DISTRICT COURT                          
                  DISTRICT OF MINNESOTA                              
MATTHEW D. GUERTIN,                                                      
                                 Civil No. 24-2646 (JRT/DLM)         
                   Plaintiff,                                        

v.                                                                       

HENNEPIN COUNTY, a municipal entity,  MEMORANDUM OPINION AND ORDER       
KEITH ELLISON, in his official capacity as  GRANTING DEFENDANTS’ MOTIONS TO 
Minnesota Attorney General, MARY  DISMISS AND DENYING PLAINTIFF’S        
MORIARTY, in her official capacity as  MOTION FOR PRELIMINARY INJUNCTION 
Hennepin County Attorney, CHELA                                          
GUZMAN-WEIGART, in her official                                          
capacity as Assistant County                                             
Administrator for Law, Safety, and Justice,                              
JULIA DAYTON KLEIN, in her individual                                    
capacity, GEORGE F. BORER, in his                                        
individual capacity, DANIELLE C.                                         
MERCURIO, in her individual capacity, DR.                                
JILL ROGSTAD, in her official capacity as                                
Senior Clinic Forensic Psychologist in the                               
Fourth Judicial District, DR. ADAM MILZ,                                 
in his official capacity with Hennepin                                   
County Mental Health, JACQUELINE                                         
PEREZ, in her official capacity as Assistant                             
Hennepin County Attorney, and BRUCE M.                                   
RIVERS, in his individual capacity,                                      

                  Defendants.                                        

Matthew D. Guertin, 1075 Traditions Court, Chaska, MN 55318,  pro se 
Plaintiff.                                                           

Jamil M. F. Masroujeh and Matthew Lloyd Robert Messerli,  HENNEPIN   
COUNTY  ATTORNEY’S  OFFICE,  300  South  Sixth  Street,  Suite  C-2000, 
Minneapolis, MN 55487, for Defendants Hennepin County, Mary Moriarty, 
Chela Guzman-Weigart, and Jacqueline Perez.                          
 Benjamin  Harringa,  MINNESOTA  ATTORNEY  GENERAL’S  OFFICE,  445    
 Minnesota Street, Suite 1100, Saint Paul, MN 55101, for Defendants Keith 
 Ellison,  Julia  Dayton  Klein,  George  F.  Borer,  Danielle  C.  Mercurio,  Jill 
 Rogstad, and Adam Milz.                                              


 Matthew D. Guertin, who is currently charged with four felonies in state court, 
brings this action under 
42 U.S.C. § 1983
 against Hennepin County, several state and 
county officials, forensic psychologists, and his defense attorney.  The Court previously 
denied Guertin’s motion for a temporary restraining order to enjoin the state court 
proceedings against him.                                                  
 Defendants now move to dismiss, arguing that the Court should abstain from 
adjudicating  Guertin’s  claims  or,  alternatively,  that  various  immunities  protect 
Defendants from liability and that Guertin fails to state a plausible claim for relief.  Guertin 
moves for a preliminary injunction, seeking again to enjoin the state court proceedings 
and to prohibit any forced administration of antipsychotic medication to him.  He also 
seeks  to  correct  procedural  deficiencies  identified  by  Defendants  in  his  preliminary 

injunction motion.                                                        
 Because Younger abstention applies, the Court will abstain from adjudicating this 
action.  Accordingly, the Court will grant Defendants’ motions to dismiss, dismiss the 
action without prejudice, and deny Guertin’s motions.                     
                       BACKGROUND                                     
 The Court incorporates the factual and procedural history from its previous order 

denying Guertin’s motion for a temporary restraining order.  See Guertin v. Hennepin 
Cnty., No. 24-2646, 
2024 WL 3443840
, at *1 (D. Minn. July 16, 2024).      
 This action relates to two pending matters in Minnesota state district court.  First, 
Guertin has been charged in state court with one count of reckless discharge of a firearm 

and three counts of possession of a firearm without a serial number.  See State v. Guertin, 
No. A24-0780, 
2024 WL 3320899
, at *1 (Minn. Ct. App. July 2, 2024).  His charges stem 
from an incident where Guertin discharged his firearm multiple times from his apartment 
to summon the police.  (Decl. Jamil Masroujeh (“Masroujeh Decl.”) ¶ 3, Ex. 1 at 3, Aug. 2, 

2024, Docket No. 38.).1  The state court suspended the criminal proceedings after twice 
finding that Guertin was incompetent to proceed.  (Id. ¶ 4, Ex. 2 at 7.)  The state court 
also denied Guertin’s request to discharge his counsel to proceed pro se, and the Court 

of Appeals denied Guertin’s petition for discretionary review.  (Id. ¶ 5, Ex. 3 at 1–2.)  
Guertin, 
2024 WL 3320899
, at *2–4.  A hearing to review the finding of incompetency is 
scheduled for October 1, 2024.  (Masroujeh Decl. ¶ 4, Ex. 2 at 8–9.)  In addition, after the 
first incompetency proceeding, the Hennepin County Attorney’s Office filed a petition for 



 1 At the motion to dismiss stage, the Court may consider the allegations in the complaint 
as well as materials that are necessarily embraced by the pleadings and matters of public record.  
Zean v. Fairview Health Servs., 
858 F.3d 520, 526
 (8th Cir. 2017).  The state court documents can 
be accessed at https://publicaccess.courts.state.mn.us.                   
Guertin’s civil commitment.  (Id. ¶ 7, Ex. 5 at 3.)  Guertin was committed on August 10, 
2023, but his civil commitment was stayed while he receives services.  (Id. at 2.) 

 Guertin brought this action pursuant to 
42 U.S.C. § 1983
, alleging due process 
violations, forgery, ineffective assistance of counsel, equal protection violations, denial of 
access to the courts, civil conspiracy, gross negligence, judicial misconduct, a Monell 
claim, negligent infliction of emotional distress, retaliation, wire fraud, fraud on the court, 

misconduct of public employees, and filing of a forged instrument—all in connection with 
his state court proceedings.  (Compl. ¶¶ 478–703, July 8, 2024, Docket No. 1.)  Defendants 
include Minnesota Attorney General Keith Ellison, Judge Julia Dayton Klein, George Borer, 

Danielle Mercurio, Dr. Jill Rogstad, and Dr. Adam Milz (“State Defendants”); Hennepin 
County, Mary Moriarty, Chela Guzman-Weigart, and Jacqueline Perez (“Hennepin County 
Defendants”); and Guertin’s defense attorney, Bruce Rivers.  (Id. at 1.)  As far as the Court 
can  ascertain,  Guertin  alleges  that  after  he  filed  a  patent  application  for  certain 

technology, he became aware of a patent application for the exact same technology and 
then discovered he was the “target of a very large, sophisticated intelligence operation” 
aimed to prevent his collection of evidence to prove that the other patent application was 
fraudulent.  (Id. ¶¶ 10–16.)  Guertin alleges that the conspirators unlawfully accessed his 

computers and rerouted his phone calls as part of their efforts to thwart his exposure of 
their fraud.  (Id. ¶¶ 17–19.)  Upon his discovery that he was a target of this alleged 
conspiracy, Guertin felt in “legitimate fear for his life” and shot his firearm multiple times 
into the air from his apartment to summon the police, which ultimately triggered the 
chain of events that led to his pending state criminal charges.  (Id. ¶¶ 18, 21, 28.) 

 Guertin challenges the competency evaluations through which he was declared 
incompetent to stand trial, and he argues that Defendants manipulated court records and 
discovery materials, ignored evidence of fraud, and engaged in judicial and prosecutorial 
misconduct and collusion.  (See, e.g., 
id. ¶¶ 13, 15, 29, 33, 39
, 42–43.)  He seeks to enjoin 

the state court proceedings against him, to mandate changes in Hennepin County policies 
and procedures, and to receive declaratory relief and damages.  (Id. at 106–07.)  
 The Court earlier denied Guertin’s motion for a temporary restraining order for 

lack of authority.  Guertin, 
2024 WL 3443840
, at *1–2.  Guertin appealed that Order to 
the Eighth Circuit.  (Am. Notice of Appeal at 1, Aug. 15, 2024, Docket No. 60.) 
 The State Defendants and Hennepin County Defendants now move to dismiss 
Guertin’s claims.2  (Mot. Dismiss, Aug. 1, 2024, Docket No. 29; 1st Mot. Dismiss, Aug. 2, 

2024, Docket No. 35.)  Additionally, Guertin moves for a preliminary injunction, seeking 
to present new evidence to support his request to enjoin the state court proceedings and 
to prohibit any forced administration of antipsychotic medication.  (Pl.’s 1st Mot. Prelim. 
Inj. at 85–86, Aug. 7, 2024, Docket No. 42.)  Guertin also seeks to correct procedural 




 2 Per Guertin’s request, the Clerk of the Court entered a default against Defendant Bruce 
Rivers for his failure to timely respond to the complaint.  (Clerk’s Entry of Default at 1, Aug. 29, 
2024, Docket No. 71.)                                                     
deficiencies identified by Defendants in his preliminary injunction motion.  (Pl.’s 1st Mot. 
Alter/Amend/Suppl. Pleadings, Aug. 27, 2024, Docket No. 69.)              

                        DISCUSSION                                    
I.   DEFENDANTS’ MOTIONS TO DISMISS                                       
 Defendants argue that Guertin’s action is an impermissible attempt to interfere 
with state court proceedings under the Younger abstention doctrine.  For the following 

reasons, the Court agrees and will abstain from adjudicating Guertin’s claims. 
 The Younger abstention doctrine “provides that federal courts should abstain from 
exercising jurisdiction when (1) there is an ongoing state proceeding, (2) which implicates 
important state interests, and (3) there is an adequate opportunity to raise any relevant 

federal questions in the state proceeding.”  Plouffe v. Ligon, 
606 F.3d 890, 892
 (8th Cir. 
2010) (citing Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 
457 U.S. 423, 432
 
(1982));  see  also  Younger  v.  Harris,  
401 U.S. 37
,  43–45  (1971).    However,  federal 
intervention may still be warranted “if there is a showing of ‘bad faith, harassment, or 

some other extraordinary circumstance that would make abstention inappropriate.’”  
Plouffe, 606 F.3d at 892–93 (quoting Middlesex Cnty., 
457 U.S. at 435
).  Bad faith may 
exist  when  state  officials  initiate  proceedings  without  hope  of  obtaining  a  valid 
disposition, see Perez v. Ledesma, 
401 U.S. 82, 85
 (1971), or when proceedings are 

initiated  to  discourage  or  retaliate  for  a  plaintiff’s  exercise  of  constitutional  rights, 
irrespective of whether a valid conviction could be obtained, as this would not constitute 
a legitimate state interest, see Lewellen v. Raff, 
843 F.2d 1103
, 1109–10 (8th Cir. 1988); 
accord Bishop v. State Bar of Tex., 
736 F.2d 292, 294
 (5th Cir. 1984) (noting that retaliation 
must be a major motivating factor and have played a prominent role in the decision to 

prosecute).                                                               
 The Court must abstain from deciding Guertin’s case under Younger.  Guertin 
requests that the Court enjoin the state criminal prosecution against him and issue 
declaratory relief stating that Defendants violated his constitutional rights.  But Younger 

abstention squarely applies to ongoing state criminal proceedings.  Sprint Commc’ns, Inc. 
v. Jacobs, 
571 U.S. 69, 72
 (2013) (“When there is a parallel, pending state criminal 
proceeding,  federal  courts  must  refrain  from  enjoining  the  state  prosecution.”).  

Furthermore, Younger abstention has been extended to certain state civil proceedings 
that implicate strong state interests, Pennzoil Co. v. Texaco Inc., 
481 U.S. 1, 11
 (1987), 
including civil commitment proceedings, see, e.g., Sweeney v. Bartow, 
612 F.3d 571, 573
 
(7th Cir. 2010); Benson v. Harpstead, No. 23-2377, 
2024 WL 3586351
, at *2 (D. Minn. July 

3, 2024), report and recommendation adopted, No. 23-2377, 
2024 WL 3584456
 (D. Minn. 
July 30, 2024).  Here, the civil commitment proceedings against Guertin implicate the 
state’s interest in “detaining and apportioning medical care to citizens believed to be a 
danger to themselves,” thus warranting Younger’s application.  Dorliae v. Minnesota, No. 

18-2162,  
2018 WL 4691591
,  at  *1  (D.  Minn.  Sept.  7,  2018)  (citation  and  internal 
quotations  omitted),  report  and  recommendation  adopted,  No.  18-2162,  
2018 WL 4688359
 (D. Minn. Sept. 28, 2018); see also Karsjens v. Piper, 
845 F.3d 394, 409
 (8th Cir. 
2017) (identifying Minnesota’s state interest in civilly detaining dangerous persons).  
Moreover, the Court is unaware of any circumstances preventing Guertin from raising his 

constitutional challenges in the state court where his charges and civil commitment 
proceedings are pending.  Therefore, Younger abstention is necessary unless the bad faith 
exception applies.                                                        
 Guertin  argues  that  Defendants’  alleged  fraud  and  constitutional  violations 

demonstrate bad faith.  However, the Court has identified nothing in the record indicating 
that Guertin’s state criminal or civil proceedings were brought in bad faith or out of 
retaliation.    Indeed,  by  his  own  admission,  Guertin  was  the  one  who  intentionally 

attracted the attention of law enforcement by firing nearly twenty rounds of ammunition 
into the sky from his apartment building.  With no evidence of bad faith, the Court must 
refrain  from  granting  declaratory  relief  or  otherwise  enjoining  the  state  criminal 
prosecution or civil commitment proceedings.                              

 Guertin also seeks money damages.  But even though  Younger typically only 
requires federal courts to dismiss actions for declaratory and injunctive relief, Night Clubs, 
Inc. v. City of Fort Smith, 
163 F.3d 475, 481
 (8th Cir. 1998), the Court must dismiss Guertin’s 
claim for damages as well because granting damages would otherwise require the Court 

to accept his argument that the competency and civil commitment proceedings were 
unconstitutional, which the Court cannot do, Amerson v. Iowa, 
94 F.3d 510, 513
 (8th Cir. 
1996) (finding dismissal warranted where granting damages would require the court to 
declare a state statute or state court judgment unconstitutional); see also Woolsey v. 
Benton Cnty., No. 17-1584, 
2018 WL 259375
, at *3 (D. Minn. Jan. 2, 2018) (dismissing case 

under similar circumstances).                                             
 Because  Younger  prohibits  the  type  of  intrusion  into  state  criminal  and  civil 
proceedings that Guertin requests, the Court will dismiss Guertin’s claims in their entirety 
without prejudice.  See Anderson v. Schultz, 
871 F.2d 762, 766
 (8th Cir. 1989).  As such, the 

Court need not consider whether Defendants are entitled to various immunities  or 
whether Guertin fails to state a plausible claim for relief.  Further, because the Court will 
abstain  from  deciding  Guertin’s  claims  under  Younger,  the  Court  cannot  consider 

Guertin’s motion for a preliminary injunction or his request to fix procedural deficiencies 
in that motion, which the Court will deny.  See Zajac v. Statton, No. 20-2148, 
2021 WL 720453
, at *6 (D. Minn. Feb. 24, 2021) (denying motion for preliminary injunction under 
similar circumstances); Dorliae, 
2018 WL 4691591
, at *2 (same).           

                          CONCLUSION                                  
 Because the Court must abstain from deciding Guertin’s case under the Younger 
doctrine, the Court will grant Defendants’ motions to dismiss and dismiss this matter 
without prejudice.  Only the state court can adjudicate these matters, not federal court.  

Because the Court will abstain from adjudicating Guertin’s claims, the Court will deny 
Guertin’s pending motions.                                                

ORDER

  Based on the foregoing, and  all the files,  records, and  proceedings herein,  IT IS 
HEREBY ORDERED that: 
     1.  Defendants’ Motions to Dismiss [Docket Nos. 29, 35] are GRANTED; 
     2.  Plaintiff's Motion for Preliminary Injunction [Docket No. 42] is DENIED; 
     3.  Plaintiff's First Motion to Alter/Amend/Supplement Pleadings [Docket No. 
        69] is DENIED; and 
     4.  This matter is DISMISSED without prejudice pursuant to Younger v. Harris, 
        
401 U.S. 37
 (1971). 
LET JUDGMENT BE ENTERED ACCORDINGLY. 

DATED:  September 30, 2024                        date, M. (etdain 
at Minneapolis, Minnesota.                         JOHN R. TUNHEIM 
                                         United States District Judge 

                                 -10- 

Trial Court Opinion

               UNITED STATES DISTRICT COURT                          
                  DISTRICT OF MINNESOTA                              
MATTHEW D. GUERTIN,                                                      
                                 Civil No. 24-2646 (JRT/DLM)         
                   Plaintiff,                                        

v.                                                                       

HENNEPIN COUNTY, a municipal entity,  MEMORANDUM OPINION AND ORDER       
KEITH ELLISON, in his official capacity as  GRANTING DEFENDANTS’ MOTIONS TO 
Minnesota Attorney General, MARY  DISMISS AND DENYING PLAINTIFF’S        
MORIARTY, in her official capacity as  MOTION FOR PRELIMINARY INJUNCTION 
Hennepin County Attorney, CHELA                                          
GUZMAN-WEIGART, in her official                                          
capacity as Assistant County                                             
Administrator for Law, Safety, and Justice,                              
JULIA DAYTON KLEIN, in her individual                                    
capacity, GEORGE F. BORER, in his                                        
individual capacity, DANIELLE C.                                         
MERCURIO, in her individual capacity, DR.                                
JILL ROGSTAD, in her official capacity as                                
Senior Clinic Forensic Psychologist in the                               
Fourth Judicial District, DR. ADAM MILZ,                                 
in his official capacity with Hennepin                                   
County Mental Health, JACQUELINE                                         
PEREZ, in her official capacity as Assistant                             
Hennepin County Attorney, and BRUCE M.                                   
RIVERS, in his individual capacity,                                      

                  Defendants.                                        

Matthew D. Guertin, 1075 Traditions Court, Chaska, MN 55318,  pro se 
Plaintiff.                                                           

Jamil M. F. Masroujeh and Matthew Lloyd Robert Messerli,  HENNEPIN   
COUNTY  ATTORNEY’S  OFFICE,  300  South  Sixth  Street,  Suite  C-2000, 
Minneapolis, MN 55487, for Defendants Hennepin County, Mary Moriarty, 
Chela Guzman-Weigart, and Jacqueline Perez.                          
 Benjamin  Harringa,  MINNESOTA  ATTORNEY  GENERAL’S  OFFICE,  445    
 Minnesota Street, Suite 1100, Saint Paul, MN 55101, for Defendants Keith 
 Ellison,  Julia  Dayton  Klein,  George  F.  Borer,  Danielle  C.  Mercurio,  Jill 
 Rogstad, and Adam Milz.                                              


 Matthew D. Guertin, who is currently charged with four felonies in state court, 
brings this action under 
42 U.S.C. § 1983
 against Hennepin County, several state and 
county officials, forensic psychologists, and his defense attorney.  The Court previously 
denied Guertin’s motion for a temporary restraining order to enjoin the state court 
proceedings against him.                                                  
 Defendants now move to dismiss, arguing that the Court should abstain from 
adjudicating  Guertin’s  claims  or,  alternatively,  that  various  immunities  protect 
Defendants from liability and that Guertin fails to state a plausible claim for relief.  Guertin 
moves for a preliminary injunction, seeking again to enjoin the state court proceedings 
and to prohibit any forced administration of antipsychotic medication to him.  He also 
seeks  to  correct  procedural  deficiencies  identified  by  Defendants  in  his  preliminary 

injunction motion.                                                        
 Because Younger abstention applies, the Court will abstain from adjudicating this 
action.  Accordingly, the Court will grant Defendants’ motions to dismiss, dismiss the 
action without prejudice, and deny Guertin’s motions.                     
                       BACKGROUND                                     
 The Court incorporates the factual and procedural history from its previous order 

denying Guertin’s motion for a temporary restraining order.  See Guertin v. Hennepin 
Cnty., No. 24-2646, 
2024 WL 3443840
, at *1 (D. Minn. July 16, 2024).      
 This action relates to two pending matters in Minnesota state district court.  First, 
Guertin has been charged in state court with one count of reckless discharge of a firearm 

and three counts of possession of a firearm without a serial number.  See State v. Guertin, 
No. A24-0780, 
2024 WL 3320899
, at *1 (Minn. Ct. App. July 2, 2024).  His charges stem 
from an incident where Guertin discharged his firearm multiple times from his apartment 
to summon the police.  (Decl. Jamil Masroujeh (“Masroujeh Decl.”) ¶ 3, Ex. 1 at 3, Aug. 2, 

2024, Docket No. 38.).1  The state court suspended the criminal proceedings after twice 
finding that Guertin was incompetent to proceed.  (Id. ¶ 4, Ex. 2 at 7.)  The state court 
also denied Guertin’s request to discharge his counsel to proceed pro se, and the Court 

of Appeals denied Guertin’s petition for discretionary review.  (Id. ¶ 5, Ex. 3 at 1–2.)  
Guertin, 
2024 WL 3320899
, at *2–4.  A hearing to review the finding of incompetency is 
scheduled for October 1, 2024.  (Masroujeh Decl. ¶ 4, Ex. 2 at 8–9.)  In addition, after the 
first incompetency proceeding, the Hennepin County Attorney’s Office filed a petition for 



 1 At the motion to dismiss stage, the Court may consider the allegations in the complaint 
as well as materials that are necessarily embraced by the pleadings and matters of public record.  
Zean v. Fairview Health Servs., 
858 F.3d 520, 526
 (8th Cir. 2017).  The state court documents can 
be accessed at https://publicaccess.courts.state.mn.us.                   
Guertin’s civil commitment.  (Id. ¶ 7, Ex. 5 at 3.)  Guertin was committed on August 10, 
2023, but his civil commitment was stayed while he receives services.  (Id. at 2.) 

 Guertin brought this action pursuant to 
42 U.S.C. § 1983
, alleging due process 
violations, forgery, ineffective assistance of counsel, equal protection violations, denial of 
access to the courts, civil conspiracy, gross negligence, judicial misconduct, a Monell 
claim, negligent infliction of emotional distress, retaliation, wire fraud, fraud on the court, 

misconduct of public employees, and filing of a forged instrument—all in connection with 
his state court proceedings.  (Compl. ¶¶ 478–703, July 8, 2024, Docket No. 1.)  Defendants 
include Minnesota Attorney General Keith Ellison, Judge Julia Dayton Klein, George Borer, 

Danielle Mercurio, Dr. Jill Rogstad, and Dr. Adam Milz (“State Defendants”); Hennepin 
County, Mary Moriarty, Chela Guzman-Weigart, and Jacqueline Perez (“Hennepin County 
Defendants”); and Guertin’s defense attorney, Bruce Rivers.  (Id. at 1.)  As far as the Court 
can  ascertain,  Guertin  alleges  that  after  he  filed  a  patent  application  for  certain 

technology, he became aware of a patent application for the exact same technology and 
then discovered he was the “target of a very large, sophisticated intelligence operation” 
aimed to prevent his collection of evidence to prove that the other patent application was 
fraudulent.  (Id. ¶¶ 10–16.)  Guertin alleges that the conspirators unlawfully accessed his 

computers and rerouted his phone calls as part of their efforts to thwart his exposure of 
their fraud.  (Id. ¶¶ 17–19.)  Upon his discovery that he was a target of this alleged 
conspiracy, Guertin felt in “legitimate fear for his life” and shot his firearm multiple times 
into the air from his apartment to summon the police, which ultimately triggered the 
chain of events that led to his pending state criminal charges.  (Id. ¶¶ 18, 21, 28.) 

 Guertin challenges the competency evaluations through which he was declared 
incompetent to stand trial, and he argues that Defendants manipulated court records and 
discovery materials, ignored evidence of fraud, and engaged in judicial and prosecutorial 
misconduct and collusion.  (See, e.g., 
id. ¶¶ 13, 15, 29, 33, 39
, 42–43.)  He seeks to enjoin 

the state court proceedings against him, to mandate changes in Hennepin County policies 
and procedures, and to receive declaratory relief and damages.  (Id. at 106–07.)  
 The Court earlier denied Guertin’s motion for a temporary restraining order for 

lack of authority.  Guertin, 
2024 WL 3443840
, at *1–2.  Guertin appealed that Order to 
the Eighth Circuit.  (Am. Notice of Appeal at 1, Aug. 15, 2024, Docket No. 60.) 
 The State Defendants and Hennepin County Defendants now move to dismiss 
Guertin’s claims.2  (Mot. Dismiss, Aug. 1, 2024, Docket No. 29; 1st Mot. Dismiss, Aug. 2, 

2024, Docket No. 35.)  Additionally, Guertin moves for a preliminary injunction, seeking 
to present new evidence to support his request to enjoin the state court proceedings and 
to prohibit any forced administration of antipsychotic medication.  (Pl.’s 1st Mot. Prelim. 
Inj. at 85–86, Aug. 7, 2024, Docket No. 42.)  Guertin also seeks to correct procedural 




 2 Per Guertin’s request, the Clerk of the Court entered a default against Defendant Bruce 
Rivers for his failure to timely respond to the complaint.  (Clerk’s Entry of Default at 1, Aug. 29, 
2024, Docket No. 71.)                                                     
deficiencies identified by Defendants in his preliminary injunction motion.  (Pl.’s 1st Mot. 
Alter/Amend/Suppl. Pleadings, Aug. 27, 2024, Docket No. 69.)              

                        DISCUSSION                                    
I.   DEFENDANTS’ MOTIONS TO DISMISS                                       
 Defendants argue that Guertin’s action is an impermissible attempt to interfere 
with state court proceedings under the Younger abstention doctrine.  For the following 

reasons, the Court agrees and will abstain from adjudicating Guertin’s claims. 
 The Younger abstention doctrine “provides that federal courts should abstain from 
exercising jurisdiction when (1) there is an ongoing state proceeding, (2) which implicates 
important state interests, and (3) there is an adequate opportunity to raise any relevant 

federal questions in the state proceeding.”  Plouffe v. Ligon, 
606 F.3d 890, 892
 (8th Cir. 
2010) (citing Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 
457 U.S. 423, 432
 
(1982));  see  also  Younger  v.  Harris,  
401 U.S. 37
,  43–45  (1971).    However,  federal 
intervention may still be warranted “if there is a showing of ‘bad faith, harassment, or 

some other extraordinary circumstance that would make abstention inappropriate.’”  
Plouffe, 606 F.3d at 892–93 (quoting Middlesex Cnty., 
457 U.S. at 435
).  Bad faith may 
exist  when  state  officials  initiate  proceedings  without  hope  of  obtaining  a  valid 
disposition, see Perez v. Ledesma, 
401 U.S. 82, 85
 (1971), or when proceedings are 

initiated  to  discourage  or  retaliate  for  a  plaintiff’s  exercise  of  constitutional  rights, 
irrespective of whether a valid conviction could be obtained, as this would not constitute 
a legitimate state interest, see Lewellen v. Raff, 
843 F.2d 1103
, 1109–10 (8th Cir. 1988); 
accord Bishop v. State Bar of Tex., 
736 F.2d 292, 294
 (5th Cir. 1984) (noting that retaliation 
must be a major motivating factor and have played a prominent role in the decision to 

prosecute).                                                               
 The Court must abstain from deciding Guertin’s case under Younger.  Guertin 
requests that the Court enjoin the state criminal prosecution against him and issue 
declaratory relief stating that Defendants violated his constitutional rights.  But Younger 

abstention squarely applies to ongoing state criminal proceedings.  Sprint Commc’ns, Inc. 
v. Jacobs, 
571 U.S. 69, 72
 (2013) (“When there is a parallel, pending state criminal 
proceeding,  federal  courts  must  refrain  from  enjoining  the  state  prosecution.”).  

Furthermore, Younger abstention has been extended to certain state civil proceedings 
that implicate strong state interests, Pennzoil Co. v. Texaco Inc., 
481 U.S. 1, 11
 (1987), 
including civil commitment proceedings, see, e.g., Sweeney v. Bartow, 
612 F.3d 571, 573
 
(7th Cir. 2010); Benson v. Harpstead, No. 23-2377, 
2024 WL 3586351
, at *2 (D. Minn. July 

3, 2024), report and recommendation adopted, No. 23-2377, 
2024 WL 3584456
 (D. Minn. 
July 30, 2024).  Here, the civil commitment proceedings against Guertin implicate the 
state’s interest in “detaining and apportioning medical care to citizens believed to be a 
danger to themselves,” thus warranting Younger’s application.  Dorliae v. Minnesota, No. 

18-2162,  
2018 WL 4691591
,  at  *1  (D.  Minn.  Sept.  7,  2018)  (citation  and  internal 
quotations  omitted),  report  and  recommendation  adopted,  No.  18-2162,  
2018 WL 4688359
 (D. Minn. Sept. 28, 2018); see also Karsjens v. Piper, 
845 F.3d 394, 409
 (8th Cir. 
2017) (identifying Minnesota’s state interest in civilly detaining dangerous persons).  
Moreover, the Court is unaware of any circumstances preventing Guertin from raising his 

constitutional challenges in the state court where his charges and civil commitment 
proceedings are pending.  Therefore, Younger abstention is necessary unless the bad faith 
exception applies.                                                        
 Guertin  argues  that  Defendants’  alleged  fraud  and  constitutional  violations 

demonstrate bad faith.  However, the Court has identified nothing in the record indicating 
that Guertin’s state criminal or civil proceedings were brought in bad faith or out of 
retaliation.    Indeed,  by  his  own  admission,  Guertin  was  the  one  who  intentionally 

attracted the attention of law enforcement by firing nearly twenty rounds of ammunition 
into the sky from his apartment building.  With no evidence of bad faith, the Court must 
refrain  from  granting  declaratory  relief  or  otherwise  enjoining  the  state  criminal 
prosecution or civil commitment proceedings.                              

 Guertin also seeks money damages.  But even though  Younger typically only 
requires federal courts to dismiss actions for declaratory and injunctive relief, Night Clubs, 
Inc. v. City of Fort Smith, 
163 F.3d 475, 481
 (8th Cir. 1998), the Court must dismiss Guertin’s 
claim for damages as well because granting damages would otherwise require the Court 

to accept his argument that the competency and civil commitment proceedings were 
unconstitutional, which the Court cannot do, Amerson v. Iowa, 
94 F.3d 510, 513
 (8th Cir. 
1996) (finding dismissal warranted where granting damages would require the court to 
declare a state statute or state court judgment unconstitutional); see also Woolsey v. 
Benton Cnty., No. 17-1584, 
2018 WL 259375
, at *3 (D. Minn. Jan. 2, 2018) (dismissing case 

under similar circumstances).                                             
 Because  Younger  prohibits  the  type  of  intrusion  into  state  criminal  and  civil 
proceedings that Guertin requests, the Court will dismiss Guertin’s claims in their entirety 
without prejudice.  See Anderson v. Schultz, 
871 F.2d 762, 766
 (8th Cir. 1989).  As such, the 

Court need not consider whether Defendants are entitled to various immunities  or 
whether Guertin fails to state a plausible claim for relief.  Further, because the Court will 
abstain  from  deciding  Guertin’s  claims  under  Younger,  the  Court  cannot  consider 

Guertin’s motion for a preliminary injunction or his request to fix procedural deficiencies 
in that motion, which the Court will deny.  See Zajac v. Statton, No. 20-2148, 
2021 WL 720453
, at *6 (D. Minn. Feb. 24, 2021) (denying motion for preliminary injunction under 
similar circumstances); Dorliae, 
2018 WL 4691591
, at *2 (same).           

                          CONCLUSION                                  
 Because the Court must abstain from deciding Guertin’s case under the Younger 
doctrine, the Court will grant Defendants’ motions to dismiss and dismiss this matter 
without prejudice.  Only the state court can adjudicate these matters, not federal court.  

Because the Court will abstain from adjudicating Guertin’s claims, the Court will deny 
Guertin’s pending motions.                                                

ORDER

  Based on the foregoing, and  all the files,  records, and  proceedings herein,  IT IS 
HEREBY ORDERED that: 
     1.  Defendants’ Motions to Dismiss [Docket Nos. 29, 35] are GRANTED; 
     2.  Plaintiff's Motion for Preliminary Injunction [Docket No. 42] is DENIED; 
     3.  Plaintiff's First Motion to Alter/Amend/Supplement Pleadings [Docket No. 
        69] is DENIED; and 
     4.  This matter is DISMISSED without prejudice pursuant to Younger v. Harris, 
        
401 U.S. 37
 (1971). 
LET JUDGMENT BE ENTERED ACCORDINGLY. 

DATED:  September 30, 2024                        date, M. (etdain 
at Minneapolis, Minnesota.                         JOHN R. TUNHEIM 
                                         United States District Judge 

                                 -10- 

Reference

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