Judish v. City of Eden Prairie

Background

Grant Anthony Judish’s complaint arose from an April 8, 2021 arrest for an alleged harassment restraining-order violation. He alleged that Officer Brett Lindeman took several items during the booking process without initially recording them, including an e-cigarette, BB gun, phone, micro-SD card, SIM card, and keys. Mr. Judish alleged that officers later forced him to sign an incomplete property inventory by stripping him naked, placing him in an empty holding cell for hours, and putting him on suicide watch. He said he eventually signed the form under pressure.

Mr. Judish further alleged that Detective Dan Peterson searched his phone and SD card without a warrant and copied private files, including pornographic images of his girlfriend. He alleged that Detective Mark Gustad refused to return the devices until Mr. Judish provided passcodes, that the SD card was damaged when returned, and that a warrant was not sought until more than 30 days after Mr. Judish was taken into custody. Mr. Judish also alleged that Gustad filed a misleading probable-cause statement after a judge ordered his release, Prosecutor Leah Erickson approved and signed a warrant, and his bail was raised to $50,000, keeping him in jail until he accepted a plea bargain.

He also alleged that officials at the Hennepin County Jail, the Eden Prairie Police Department, and the Minnesota Board of Peace Officer Standards and Training ignored or inadequately investigated his complaints. The complaint asserted a broad civil-rights action under Section 1983, a federal law allowing claims against state or local officials for violating federal rights.

Initial Screening and Fee Application

Mr. Judish applied to proceed without prepaying filing fees, a status commonly called proceeding in forma pauperis. The court found that he met the financial requirements and granted the application. Under the federal screening statute, 28 U.S.C. § 1915(e)(2), the court may dismiss claims that fail to state a claim or seek money from an immune defendant.

The court emphasized that allowing some claims to proceed past initial screening was not a finding that those claims were meritorious or that they would survive a later motion to dismiss.

Recommended Dismissals

The court recommended dismissing Mr. Judish’s claims against Prosecutor Leah Erickson with prejudice based on prosecutorial immunity. The court explained that prosecutors are absolutely immune from civil liability for actions closely connected to the judicial phase of a criminal case, including advocacy concerning bail and detention. The recommendation covered Mr. Judish’s allegations concerning Erickson’s conduct at the April 12, 2021 hearing.

The court recommended dismissing the complaint against the Minnesota Board of Peace Officer Standards and Training without prejudice for lack of jurisdiction. It concluded that the Board is a Minnesota state agency protected by Eleventh Amendment sovereign immunity and that the filings did not show an applicable exception.

The court also recommended dismissing with prejudice the Eden Prairie Police Department, the Hennepin County Sheriff’s Department, the Hennepin County Jail, and the Office of the Hennepin County Prosecutor. It explained that these municipal and county agencies cannot be sued in their own names. Instead, the court added Hennepin County as a defendant. No substitute entity was needed for the Eden Prairie Police Department because the City of Eden Prairie was already named.

Orders Concerning Remaining Defendants

Because the case was to proceed against some defendants, the court ordered service of process for the City of Eden Prairie, Hennepin County, and the individual defendants Brett Lindeman, Dan Peterson, Mark Gustad, Rob Johnston, Christopher Wood, and Matthew Sackett. The individual defendants were to be served in both their individual capacities, through requests for waiver of service, and their official capacities with the City of Eden Prairie, through the U.S. Marshals Service.

Mr. Judish was ordered to submit a completed Marshal Service Form for each of those defendants by June 23, 2025. The court stated that if he failed to do so, it would recommend dismissing the case without prejudice as to those defendants for failure to prosecute. The court also stated that an individual-capacity defendant who failed without good cause to return a service waiver could be required to pay later service expenses.

Disposition

Judge Dulce J. Foster ordered that Hennepin County be added as a defendant and that Mr. Judish’s fee application be granted. The court recommended dismissing with prejudice the claims against Leah Erickson and the four listed municipal or county agencies, and recommended dismissing without prejudice the complaint against the Minnesota Board of Peace Officer Standards and Training for lack of jurisdiction. The remaining claims were not decided on their merits. The opinion states that the report and recommendation was not directly appealable to the Eighth Circuit and that written objections could be filed within the stated 14-day period.