Zongo v. Brott
- Nancy Brasel
- 0:21-cv-00407
- U.S. District Court · District of Minnesota
- 2
In Zongo v. Brott, Judge Magnuson adopted an unobjected-to recommendation and dismissed four federal defendants without prejudice from Zongo’s civil-rights claim.
The order dismissed Merrick Garland, Alejandro Mayorkas, Tae D. Johnson, and Marcos Charles without prejudice from Zongo’s case. It did not state a disposition as to Joel Brott.
What happened
In Zongo v. Brott, Wendkouni Wilfried Arnold Zongo sued several federal officials and Joel Brott in connection with alleged confinement conditions. The opinion addressed four federal defendants: Merrick Garland, Alejandro Mayorkas, Tae D. Johnson, and Marcos Charles.
A magistrate judge recommended dismissing those four defendants because Zongo did not allege that they were personally responsible for the conditions described in his civil-rights claim. Zongo did not object to the recommendation, so the court reviewed it for clear error.
The court found no error, adopted the recommendation, and dismissed Garland, Mayorkas, Johnson, and Charles without prejudice. Judge Paul A. Magnuson signed the order.
The detailed version
- Zongo v. Brott · No. 0:21-cv-00407
- Nancy Brasel
- Apr. 7, 2021
Background
Wendkouni Wilfried Arnold Zongo sued Merrick Garland, Alejandro Mayorkas, Tae D. Johnson, Marcos Charles, and Joel Brott. The opinion states that Zongo alleged unconstitutional or otherwise unlawful conditions of confinement in a claim brought under 42 U.S.C. § 1983. The court’s order focused on Garland, Mayorkas, Johnson, and Charles.
Recommendation and Review
United States Magistrate Judge Hildy Bowbeer recommended dismissing Garland, Mayorkas, Johnson, and Charles because Zongo did not allege that they were personally responsible for the conditions of confinement at issue. Zongo filed no objections, and the deadline for doing so had passed. Without specific objections, the district court reviewed the recommendation for clear error rather than conducting a full reconsideration of the disputed portions.
Ruling
The court found no error, clear or otherwise, in the magistrate judge’s reasoning. It adopted the Report and Recommendation and dismissed Merrick Garland, Alejandro Mayorkas, Tae D. Johnson, and Marcos Charles without prejudice. The order did not state a disposition as to Joel Brott.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.