Kunshier v. Boder
- Eric Tostrud
- 0:18-cv-03316
- U.S. District Court · District of Minnesota
- 2
In Kunshier v. Boder, Judge Tostrud dismissed official-capacity money claims with prejudice, dismissed remaining claims without prejudice, and denied an injunction as moot.
Robert A. Kunshier and defendants Nicole Boder and Kari Ovsak; Kunshier was given 30 days to file and serve an amended complaint.
What happened
In Kunshier v. Boder, Robert A. Kunshier sued Nicole Boder and Kari Ovsak. The opinion does not describe the specific claims in detail. The court received a magistrate judge’s recommendation, and no party objected to it.
The court found no clear error and accepted the recommendation. It granted the defendants’ motion to dismiss: claims for money against the defendants in their official capacities were dismissed with prejudice, while the remaining claims were dismissed without prejudice, with permission to file an amended complaint. The court also denied the request for a preliminary injunction as moot.
Judge Eric C. Tostrud ordered Kunshier to file and serve any amended complaint within 30 days. The court warned that failing to do so may result in dismissal of the action without prejudice for failure to prosecute.
The detailed version
- Kunshier v. Boder · No. 0:18-cv-03316
- Eric Tostrud
- June 4, 2019
Background
Robert A. Kunshier brought this action against Nicole Boder, identified as the Health Services Administrator at the Moose Lake Site of the Minnesota Sex Offender Program, and Kari Ovsak, identified as a nurse practitioner in that site’s Health Services Department. The opinion does not explain the factual allegations or the legal basis of Kunshier’s claims.
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation on May 10, 2019. No party objected. Under the applicable procedure, the district court therefore reviewed the recommendation for clear error.
Rulings
The court found no clear error and accepted the Report and Recommendation.
The court granted the defendants’ motion to dismiss as follows:
- Kunshier’s claims for monetary relief against the defendants in their official capacities were dismissed with prejudice. - Kunshier’s remaining claims were dismissed without prejudice, with leave to file an amended complaint.
The court gave Kunshier 30 days from the date of the order to file and serve an amended complaint. It stated that failure to comply may result in dismissal of the action without prejudice for failure to prosecute.
The court also denied as moot Kunshier’s motion requesting a preliminary injunction.
Effect of the Order
The order ended the claims for monetary relief against the defendants in their official capacities. The remaining claims were dismissed without prejudice, meaning the order allowed Kunshier to attempt to continue those claims by filing an amended complaint within the stated deadline. The opinion does not state what the amended complaint must allege beyond referring to the Report and Recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.