Fisherman v. Young
- David Doty
- 0:23-cv-03836
- U.S. District Court · District of Minnesota
- 14
In Fisherman v. Young, Magistrate Judge Wright recommended dismissing Fisherman’s request for prison-related orders as moot while allowing damages claims to continue.
Fisherman’s request for injunctive relief would be dismissed as moot under the recommendation, but his damages claims against Young remain in the case. Young must file an answer within 14 days. The recommendation could be considered by District Judge David S. Doty after any timely objections.
What happened
Cory Edward Fisherman sued Marray Young over the refusal to renew Fisherman’s Gabapentin prescription for serious left-shoulder nerve pain. Fisherman sought both court orders requiring treatment and money damages, including damages for emotional injuries and punitive damages.
After Fisherman left Department of Corrections custody and remained on supervised release, Young argued that the request for court-ordered treatment was no longer a live dispute. The court agreed that release made the request for injunctive relief moot, but found that Fisherman’s damages claims remained active.
Magistrate Judge Elizabeth Cowan Wright recommended dismissing only the injunctive-relief claim as moot and ordered Young to answer the complaint within 14 days. The recommendation was not yet a final district-court judgment and could be challenged through objections.
The detailed version
- Fisherman v. Young · No. 0:23-cv-03836
- David Doty
- Apr. 24, 2025
Background
Cory Edward Fisherman sued medical staff connected with the Minnesota Correctional Facility at Oak Park Heights. The remaining claim against Marray Young is based on the Eighth Amendment and alleges that Young refused to renew Fisherman’s prescription for 600 milligrams of Gabapentin twice daily for serious nerve pain in Fisherman’s left shoulder. Fisherman sought injunctive relief—an order requiring changes in treatment—as well as damages for alleged nerve damage, emotional injuries, and punitive damages.
Fisherman was released from Department of Corrections custody on March 4, 2025 and remained on supervised release when this recommendation was issued. Young argued that Fisherman’s request for injunctive relief became moot, meaning that the court could no longer provide effective relief because Fisherman was no longer subject to the prison conditions at issue. Young asked that the entire complaint be dismissed, but did not address Fisherman’s damages claims in the relevant filings.
Analysis
The court explained that federal courts may decide only ongoing cases or controversies. A prisoner’s request for injunctive relief concerning prison conditions generally becomes moot after the prisoner leaves custody, including when the prisoner is transferred to supervised release. The court considered whether Fisherman might return to custody after violating supervised-release conditions, but concluded that this possibility was too speculative to keep the injunctive-relief claim alive.
The court separately determined that Fisherman’s damages claims remained a live claim. Fisherman’s complaint requested monetary damages, and Young’s mootness argument did not eliminate that form of relief. The court also noted that an earlier February 12, 2025 order had denied Young’s motion to dismiss as to Young. Because Young had not yet filed an answer, the court excused that delay and gave him 14 days from this order to answer. If District Judge David S. Doty rejected or changed the recommendation concerning injunctive relief, Young could amend his answer.
Recommendation and Order
Magistrate Judge Elizabeth Cowan Wright recommended that Fisherman’s claim against Young for injunctive relief be dismissed as moot. She did not recommend dismissal of Fisherman’s damages claims. The court separately ordered Young to file an answer to the complaint within 14 days. The document states that it is a report and recommendation, not a final district-court order or judgment, and that it is not directly appealable to the Eighth Circuit; the parties could file specific written objections within the time allowed by the District of Minnesota’s local rules.
Read the full 14-page opinion on CourtListener, the free public archive maintained by the Free Law Project.