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, 

 (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           

              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, 

 (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