Nur v. Olmsted County

Background

The court considered an October 9, 2020 report and recommendation by United States Magistrate Judge David T. Schultz. The recommendation addressed Defendants’ motion for summary judgment, which asks the court to enter judgment without a trial when the record shows no genuine dispute requiring one. No objections were filed. Under the applicable rule, the court therefore reviewed the recommendation for clear error and found none.

Rulings

The court adopted the report and recommendation and ruled on the defendants’ motion as follows:

- The motion was granted as to Kaiser Faisal Nur’s first cause of action, which concerned excessive force. That claim was dismissed with prejudice. - Deputy Elizabeth Sanders was dismissed from the lawsuit. - The motion was denied without prejudice as to Nur’s second cause of action, which concerned deliberate indifference. The claim therefore remained pending while the parties developed the record.

Further proceedings

The parties were allowed 90 days from the order’s date to complete written discovery and depositions limited to the deliberate-indifference claim. Nur could amend his complaint to add appropriate defendants to that claim no later than 10 days after the additional discovery period ended. Olmsted County and any new defendant could then file a summary-judgment motion on the deliberate-indifference claim. The order also set deadlines for that motion and required the parties to be ready for trial within the specified period after a ruling on the motion, or after the filing deadline if no motion was filed.

Judge Wilhelmina M. Wright’s order adopted the recommendation and left the deliberate-indifference claim for further proceedings while ending the excessive-force claim and dismissing Deputy Sanders from the lawsuit.