Benjamin v. Spiess

U.S. District Court, District of Minnesota

Benjamin v. Spiess

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                           
                     DISTRICT OF MINNESOTA                              

HENRY BENJAMIN and HAROLD          Case No. 24-CV-4524 (PJS/ECW)        
EDWIN,                                                                  

              Plaintiffs,                                               

v.                                          ORDER                       

JEFF SPIESS; SAM SHAFER; TRENT                                          
STUDER; JEREMY SROGA; MICHAEL                                           
MILBRANDT; and BRADEN MCNAIR,                                           

              Defendants.                                               


   Plaintiffs Henry Benjamin and Harold Edwin were pulled over by the police 
while travelling in a vehicle that had not been registered and that was not displaying 
valid license plates.  When Benjamin and Edwin refused to exit the vehicle, police 
officers broke one of the vehicle’s windows, forcibly removed them from the car, and 
arrested them.  The car was impounded.  Plaintiffs regard all of this as unlawful.  Their 
car was, according to them, not a “corporate motor vehicle” and therefore was not 
subject to the state’s jurisdiction, see Pls. Aff. ¶ 11 [ECF No. 4]; the police officers lacked 
probable cause to stop the vehicle, according to them, because they had done nothing 
unlawful; and the subsequent arrest and impoundment was illegal, according to them, 
because they had not consented.                                           
   Plaintiffs did not pay the filing fee for this matter, instead applying for in forma 
pauperis (“IFP”) status.  See ECF Nos. 2–3.  Plaintiffs qualify financially for IFP status, 

but an IFP application will be denied, and an action will be dismissed, when an IFP 
application fails to state a cause of action on which relief may be granted.  See 
28 U.S.C. § 1915
(e)(2)(B)(ii); Atkinson v. Bohn, 
91 F.3d 1127, 1128
 (8th Cir. 1996) (per curiam); Carter 

v. Schafer, 273 Fed. App’x 581, 582 (8th Cir. 2008) (per curiam) (“[C]ontrary to plaintiffs’ 
arguments on appeal, the provisions of 
28 U.S.C. § 1915
(e) apply to all persons 
proceeding IFP and are not limited to prisoner suits, and the provisions allow dismissal 

without service.”).                                                       
   In reviewing whether a complaint states a claim on which relief may be granted, 
a court must accept as true all of the factual allegations in the complaint and draw all 
reasonable inferences in the plaintiff’s favor.  See Aten v. Scottsdale Ins. Co., 
511 F.3d 818, 820
 (8th Cir. 2008).  Although the factual allegations in the complaint need not be 
detailed, they must be sufficient to “raise a right to relief above the speculative level.” 
Bell Atl. Corp. v. Twombly, 
550 U.S. 544, 555
 (2007).  The complaint must “state a claim to 

relief that is plausible on its face.”  
Id. at 570
.  In assessing the sufficiency of the 
complaint, courts disregard legal conclusions that are couched as factual allegations.  
See Ashcroft v. Iqbal, 
556 U.S. 662, 678
 (2009).  Pro se complaints are to be construed 
liberally, but they still must allege sufficient facts to support the claims advanced.  See 

Stone v. Harry, 
364 F.3d 912, 914
 (8th Cir. 2004).                        
   Each of the seven legal claims identified by plaintiffs arises under state law.  See 
Pls. Decl. at 4 [ECF No. 1].1  None of those claims arises “under the Constitution, laws, 

or treaties of the United States.”  
28 U.S.C. § 1331
.  There is also no reason to believe that 
plaintiffs are of diverse citizenship from defendants.  See 
28 U.S.C. § 1332
(a).  Thus, if 
plaintiffs are indeed seeking relief only under state law, the Court has no choice but to 

dismiss the action for lack of subject-matter jurisdiction.  See Fed. R. Civ. P. 12(h)(3) (“If 
the court determines at any time that it lacks subject-matter jurisdiction, the court must 
dismiss the action.”).                                                    

   That said, plaintiffs are not attorneys, and their pleading is entitled to a generous 
interpretation.  That pleading at least gestures in the direction of alleging violations of 
the United States Constitution, and any claims of constitutional violations committed by 
persons acting under color of state law would arise under 
42 U.S.C. § 1983
, a federal 

statute.  Because claims under § 1983 arise under federal law, the Court has jurisdiction 
over such claims pursuant to § 1331.                                      
   That said, for claims to survive review under § 1915(e)(2)(B)(ii), not only must 

this Court have jurisdiction over those claims, but they must at a minimum be 
plausible.  Plaintiffs have not plausibly alleged that their federal constitutional rights 
were violated.  Minnesota law plainly requires registration of all motor vehicles (with a 


1 Plaintiffs initiated this action with a “Declaration” [ECF No. 1] and an Affidavit [ECF 
No. 4] rather than filing a complaint.  The Court has interpreted those documents 
collectively as comprising the pleading in this matter.                   
few exceptions not relevant to plaintiffs), not just motor vehicles in “commerce,” as 
plaintiffs allege.  See 
Minn. Stat. § 168.09
, subd. 1.  To demonstrate compliance with 

registration, those motor vehicles must display plates and other insignia.  See 
id.
 subd. 4.  
Plaintiffs, by their own admission, did not do any of those things.  Accordingly, under 
Minnesota law, plaintiffs were not authorized to operate the vehicle.2  See 
id.
 subd. 1.  

Defendants would have had probable cause to suspect that plaintiffs had violated 
Minnesota law—indeed, it would have been obvious—and therefore the traffic stop was 
lawful.  See United States v. Andrews, 
454 F.3d 919, 921
 (8th Cir. 2006) (“Probable cause 

exists when a reasonable officer, confronted with the facts known to the officer at the 
time of the stop, could have believed that there was a fair probability that a violation of 
law had occurred.”).  Finally, plaintiffs have not plausibly alleged that any of the 
actions that followed, including their forceable removal from the car and arrest, were 

unreasonable under the circumstances.  No plausible entitlement to relief under § 1983 
has been pleaded.                                                         



2 To the extent that plaintiffs might argue that Minnesota cannot impose registration and 
licensing requirements on motor vehicles, “such arguments have been regularly and 
roundly rejected.”  Milliman v. Driver License Compact Comm’r, No. 16-CV-1209 (JRT/HB), 
2016 WL 11486913
, at *5 (D. Minn. May 23, 2016), adopted in part, No. CV16-1209 
(JRT/HB), 
2016 WL 4974946
, at *7 (D. Minn. Sept. 16, 2016), aff’d, No. 16-4023, 
2017 WL 4995816
 (8th Cir. Feb. 27, 2017), and aff’d, No. 17-2715, 
2018 WL 732392
 (8th Cir. Jan. 2, 
2018); accord Triemert v. Wash. Cnty., No. 13-CV-1312 (PJS/JSM), 
2013 WL 6729260
, at *8–
9 (D. Minn. Dec. 19, 2013) (collecting cases).                            
    This action is therefore dismissed without prejudice.  Plaintiffs’ applications to 
proceed IFP are denied. 

ORDER

    Based on the foregoing, and on all of the files, records, and proceedings herein, 
IT IS HEREBY ORDERED THAT: 
    1.     This matter is DISMISSED WITHOUT PREJUDICE pursuant to 
28 U.S.C. § 1915
(e)(2)(B). 
    2.     The applications to proceed in forma pauperis of plaintiffs Henry Benjamin 
and Harold Edwin [ECF Nos. 2-3] are DENIED. 
    LET JUDGMENT BE ENTERED ACCORDINGLY. 
                                        el  Ghee 
Dated: December 26, 2024                    A   a          ns 
                                       Patrick J. Schiltz,  Chief judge 
                                       United States District Court

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                           
                     DISTRICT OF MINNESOTA                              

HENRY BENJAMIN and HAROLD          Case No. 24-CV-4524 (PJS/ECW)        
EDWIN,                                                                  

              Plaintiffs,                                               

v.                                          ORDER                       

JEFF SPIESS; SAM SHAFER; TRENT                                          
STUDER; JEREMY SROGA; MICHAEL                                           
MILBRANDT; and BRADEN MCNAIR,                                           

              Defendants.                                               


   Plaintiffs Henry Benjamin and Harold Edwin were pulled over by the police 
while travelling in a vehicle that had not been registered and that was not displaying 
valid license plates.  When Benjamin and Edwin refused to exit the vehicle, police 
officers broke one of the vehicle’s windows, forcibly removed them from the car, and 
arrested them.  The car was impounded.  Plaintiffs regard all of this as unlawful.  Their 
car was, according to them, not a “corporate motor vehicle” and therefore was not 
subject to the state’s jurisdiction, see Pls. Aff. ¶ 11 [ECF No. 4]; the police officers lacked 
probable cause to stop the vehicle, according to them, because they had done nothing 
unlawful; and the subsequent arrest and impoundment was illegal, according to them, 
because they had not consented.                                           
   Plaintiffs did not pay the filing fee for this matter, instead applying for in forma 
pauperis (“IFP”) status.  See ECF Nos. 2–3.  Plaintiffs qualify financially for IFP status, 

but an IFP application will be denied, and an action will be dismissed, when an IFP 
application fails to state a cause of action on which relief may be granted.  See 
28 U.S.C. § 1915
(e)(2)(B)(ii); Atkinson v. Bohn, 
91 F.3d 1127, 1128
 (8th Cir. 1996) (per curiam); Carter 

v. Schafer, 273 Fed. App’x 581, 582 (8th Cir. 2008) (per curiam) (“[C]ontrary to plaintiffs’ 
arguments on appeal, the provisions of 
28 U.S.C. § 1915
(e) apply to all persons 
proceeding IFP and are not limited to prisoner suits, and the provisions allow dismissal 

without service.”).                                                       
   In reviewing whether a complaint states a claim on which relief may be granted, 
a court must accept as true all of the factual allegations in the complaint and draw all 
reasonable inferences in the plaintiff’s favor.  See Aten v. Scottsdale Ins. Co., 
511 F.3d 818, 820
 (8th Cir. 2008).  Although the factual allegations in the complaint need not be 
detailed, they must be sufficient to “raise a right to relief above the speculative level.” 
Bell Atl. Corp. v. Twombly, 
550 U.S. 544, 555
 (2007).  The complaint must “state a claim to 

relief that is plausible on its face.”  
Id. at 570
.  In assessing the sufficiency of the 
complaint, courts disregard legal conclusions that are couched as factual allegations.  
See Ashcroft v. Iqbal, 
556 U.S. 662, 678
 (2009).  Pro se complaints are to be construed 
liberally, but they still must allege sufficient facts to support the claims advanced.  See 

Stone v. Harry, 
364 F.3d 912, 914
 (8th Cir. 2004).                        
   Each of the seven legal claims identified by plaintiffs arises under state law.  See 
Pls. Decl. at 4 [ECF No. 1].1  None of those claims arises “under the Constitution, laws, 

or treaties of the United States.”  
28 U.S.C. § 1331
.  There is also no reason to believe that 
plaintiffs are of diverse citizenship from defendants.  See 
28 U.S.C. § 1332
(a).  Thus, if 
plaintiffs are indeed seeking relief only under state law, the Court has no choice but to 

dismiss the action for lack of subject-matter jurisdiction.  See Fed. R. Civ. P. 12(h)(3) (“If 
the court determines at any time that it lacks subject-matter jurisdiction, the court must 
dismiss the action.”).                                                    

   That said, plaintiffs are not attorneys, and their pleading is entitled to a generous 
interpretation.  That pleading at least gestures in the direction of alleging violations of 
the United States Constitution, and any claims of constitutional violations committed by 
persons acting under color of state law would arise under 
42 U.S.C. § 1983
, a federal 

statute.  Because claims under § 1983 arise under federal law, the Court has jurisdiction 
over such claims pursuant to § 1331.                                      
   That said, for claims to survive review under § 1915(e)(2)(B)(ii), not only must 

this Court have jurisdiction over those claims, but they must at a minimum be 
plausible.  Plaintiffs have not plausibly alleged that their federal constitutional rights 
were violated.  Minnesota law plainly requires registration of all motor vehicles (with a 


1 Plaintiffs initiated this action with a “Declaration” [ECF No. 1] and an Affidavit [ECF 
No. 4] rather than filing a complaint.  The Court has interpreted those documents 
collectively as comprising the pleading in this matter.                   
few exceptions not relevant to plaintiffs), not just motor vehicles in “commerce,” as 
plaintiffs allege.  See 
Minn. Stat. § 168.09
, subd. 1.  To demonstrate compliance with 

registration, those motor vehicles must display plates and other insignia.  See 
id.
 subd. 4.  
Plaintiffs, by their own admission, did not do any of those things.  Accordingly, under 
Minnesota law, plaintiffs were not authorized to operate the vehicle.2  See 
id.
 subd. 1.  

Defendants would have had probable cause to suspect that plaintiffs had violated 
Minnesota law—indeed, it would have been obvious—and therefore the traffic stop was 
lawful.  See United States v. Andrews, 
454 F.3d 919, 921
 (8th Cir. 2006) (“Probable cause 

exists when a reasonable officer, confronted with the facts known to the officer at the 
time of the stop, could have believed that there was a fair probability that a violation of 
law had occurred.”).  Finally, plaintiffs have not plausibly alleged that any of the 
actions that followed, including their forceable removal from the car and arrest, were 

unreasonable under the circumstances.  No plausible entitlement to relief under § 1983 
has been pleaded.                                                         



2 To the extent that plaintiffs might argue that Minnesota cannot impose registration and 
licensing requirements on motor vehicles, “such arguments have been regularly and 
roundly rejected.”  Milliman v. Driver License Compact Comm’r, No. 16-CV-1209 (JRT/HB), 
2016 WL 11486913
, at *5 (D. Minn. May 23, 2016), adopted in part, No. CV16-1209 
(JRT/HB), 
2016 WL 4974946
, at *7 (D. Minn. Sept. 16, 2016), aff’d, No. 16-4023, 
2017 WL 4995816
 (8th Cir. Feb. 27, 2017), and aff’d, No. 17-2715, 
2018 WL 732392
 (8th Cir. Jan. 2, 
2018); accord Triemert v. Wash. Cnty., No. 13-CV-1312 (PJS/JSM), 
2013 WL 6729260
, at *8–
9 (D. Minn. Dec. 19, 2013) (collecting cases).                            
    This action is therefore dismissed without prejudice.  Plaintiffs’ applications to 
proceed IFP are denied. 

ORDER

    Based on the foregoing, and on all of the files, records, and proceedings herein, 
IT IS HEREBY ORDERED THAT: 
    1.     This matter is DISMISSED WITHOUT PREJUDICE pursuant to 
28 U.S.C. § 1915
(e)(2)(B). 
    2.     The applications to proceed in forma pauperis of plaintiffs Henry Benjamin 
and Harold Edwin [ECF Nos. 2-3] are DENIED. 
    LET JUDGMENT BE ENTERED ACCORDINGLY. 
                                        el  Ghee 
Dated: December 26, 2024                    A   a          ns 
                                       Patrick J. Schiltz,  Chief judge 
                                       United States District Court

Reference

Status
Unknown