Lindsey v. Department of Human Services
- Katherine Menendez
- 0:23-cv-03299
- U.S. District Court · District of Minnesota
- 2
In Lindsey v. Department of Human Services, Judge Menendez granted dismissal and dismissed Lindsey’s official-capacity damages claims under Section 1983 without prejudice.
Dale Allen Lindsey and the defendants sued in their official capacities on claims for monetary damages under 42 U.S.C. § 1983.
What happened
In Lindsey v. Department of Human Services, Dale Allen Lindsey sued Jodi Harpstead, Nicole Broder, John Barry, Keire Ovsak, Tanya Eiffer, and Krista Gilpin. A magistrate judge recommended dismissing claims against some defendants in their official capacities while allowing certain claims against them individually to proceed.
Lindsey said he did not object to the recommendation. Judge Menendez reviewed it for clear error because no specific objections were filed and found no error.
Judge Katherine M. Menendez accepted the recommendation in full, granted the defendants’ motion to dismiss, and dismissed without prejudice Lindsey’s claims for monetary damages under Section 1983 against defendants sued in their official capacities.
The detailed version
- Lindsey v. Department of Human Services · No. 0:23-cv-03299
- Katherine Menendez
- Aug. 21, 2024
Background
Dale Allen Lindsey sued Jodi Harpstead, Nicole Broder, John Barry, Keire Ovsak, Tanya Eiffer, and Krista Gilpin. The opinion identifies the defendants as state officials. Lindsey brought claims under 42 U.S.C. § 1983, a federal law that allows certain claims for violations of federal rights by officials acting under state law.
Report and Recommendation
United States Magistrate Judge John F. Docherty issued a Report and Recommendation recommending dismissal of the official-capacity claims against certain state officials while allowing certain individual-capacity claims to proceed. Lindsey filed a response stating that he did not object.
When no specific objection is filed, the district court reviews a magistrate judge’s recommendation for clear error. Judge Menendez reviewed the recommendation and the case record and found no error.
Ruling
Judge Katherine M. Menendez accepted the Report and Recommendation in full. The court granted the defendants’ motion to dismiss. It dismissed without prejudice Lindsey’s causes of action for monetary damages under 42 U.S.C. § 1983 against defendants sued in their official capacities. The order does not separately describe the disposition of the individual-capacity claims beyond accepting the recommendation that certain such claims could proceed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.