Horswell v. State of MN

Background

Phillip Harold Horswell filed this action without a lawyer against the State of Minnesota and Keith Ellison, identified in the opinion as the State’s Attorney General. Horswell alleged that he was denied due process or a fair trial during his state-court civil-commitment proceedings. He sought monetary damages and dismissal of his civil commitment.

The case was referred to Magistrate Judge John F. Docherty, who issued a Report and Recommendation recommending dismissal without prejudice. The recommendation concluded that Heck v. Humphrey, 512 U.S. 477 (1994), barred Horswell’s claim. Horswell submitted two documents that the court treated as objections. One asked the court to consider evidence from his civil-commitment hearings, and the other included transcripts from hearings dated September 18, 2009, and October 16, 2009.

Court’s analysis

Because Horswell objected, the court reviewed the Report and Recommendation independently under 28 U.S.C. § 636(b)(1) and the applicable local rule. The court concluded that Judge Docherty’s analysis and conclusions were correct.

Ruling

Judge Eric C. Tostrud overruled Horswell’s objections and accepted the Report and Recommendation. The court dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B). The court also denied Horswell’s application to proceed without paying filing fees. The order directed that judgment be entered accordingly.