Benz-Whitebird v. Centurion of Minnesota L.L.C.
Benz-Whitebird v. Centurion of Minnesota L.L.C.
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Ms. Daniel Patrick Benz-Whitebird, a.k.a. Civ. No. 23-469 (JWB/DJF) Danielle Whitebird, Plaintiff, ORDER ACCEPTING REPORT AND RECOMMENDATION v. OF MAGISTRATE JUDGE Paul Schnell et al., Defendants.
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on December 12, 2023. (Doc. No. 66.) No objections to the R&R have been filed in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). A portion of the R&R has become moot because the parties stipulated to dismiss Defendants Dr. Gutenkauf and Dr. Truitt on January 8, 2024. (See Doc. Nos. 69, 71.) Having reviewed the remainder of the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The December 12, 2023 Report and Recommendation (Doc. No. 66) is ACCEPTED, except that the portion of the R&R addressing Plaintiff’s claims against Defendants Dr. Gutenkauf and Dr. Truitt in their individual capacities is moot; and 2. Defendants’ Motions to Dismiss (Doc. Nos. 23, 35) are GRANTED IN PART AND DENIED IN PART as follows: a. Plaintiff’s claims against “Unknown Department of Corrections Employees,” Dr. Louis Schicker, and “Unknown Centurion of Minnesota L.L.C. Employees” are DISMISSED; b. Plaintiff’s claims under the Americans with Disabilities Act and the Rehabilitation Act are DISMISSED; c. Plaintiff’s failure to protect claims are DISMISSED as follows: i. Plaintiff’s claims for damages are DISMISSED for failure to state a claim; and ii. Plaintiff’s claims for declaratory and injunctive relief are DISMISSED AS MOOT; and d. Defendants’ Motions are DENIED with respect to Plaintiff’s Monell claim against Defendant Centurion of Minnesota LLC and with respect to Defendants’ request for an order limiting Plaintiff’s damages.
Date: January 16, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Ms. Daniel Patrick Benz-Whitebird, a.k.a. Civ. No. 23-469 (JWB/DJF) Danielle Whitebird, Plaintiff, ORDER ACCEPTING REPORT AND RECOMMENDATION v. OF MAGISTRATE JUDGE Paul Schnell et al., Defendants.
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (“R&R”) on December 12, 2023. (Doc. No. 66.) No objections to the R&R have been filed in the time permitted. In the absence of timely objections, the R&R is reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). A portion of the R&R has become moot because the parties stipulated to dismiss Defendants Dr. Gutenkauf and Dr. Truitt on January 8, 2024. (See Doc. Nos. 69, 71.) Having reviewed the remainder of the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The December 12, 2023 Report and Recommendation (Doc. No. 66) is ACCEPTED, except that the portion of the R&R addressing Plaintiff’s claims against Defendants Dr. Gutenkauf and Dr. Truitt in their individual capacities is moot; and 2. Defendants’ Motions to Dismiss (Doc. Nos. 23, 35) are GRANTED IN PART AND DENIED IN PART as follows: a. Plaintiff’s claims against “Unknown Department of Corrections Employees,” Dr. Louis Schicker, and “Unknown Centurion of Minnesota L.L.C. Employees” are DISMISSED; b. Plaintiff’s claims under the Americans with Disabilities Act and the Rehabilitation Act are DISMISSED; c. Plaintiff’s failure to protect claims are DISMISSED as follows: i. Plaintiff’s claims for damages are DISMISSED for failure to state a claim; and ii. Plaintiff’s claims for declaratory and injunctive relief are DISMISSED AS MOOT; and d. Defendants’ Motions are DENIED with respect to Plaintiff’s Monell claim against Defendant Centurion of Minnesota LLC and with respect to Defendants’ request for an order limiting Plaintiff’s damages.
Date: January 16, 2024 s/ Jerry W. Blackwell JERRY W. BLACKWELL United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.