Johnson v. Ramsey County ADC

Background

Eugene Laron Johnson sued Ramsey County ADC, Officer 2369, and Sergeant Sean Delrosario over an alleged physical assault during a February 12, 2022, search of his cell and person. His existing claims included assault, discrimination, excessive use of force, cruel and unusual punishment, and intentional infliction of emotional distress.

Johnson asked to file a second amended complaint. He sought to add Thaddeus Lockett, “Shaun Del Rosario,” “Unknown Supervisors,” “Property Officers,” “Mental Health Worker Kris,” and “Health Services Staff” as defendants. He also sought to add claims for third-degree assault, negligent training and supervision, “terroristic threats,” “mental medical malpractice,” medical malpractice, obstruction of justice, mail tampering, mail theft, unreasonable search and seizure of legal mail under the Fourth Amendment, and “hate crime.” He wanted to bring all claims against defendants in both their individual and official capacities.

Legal standard

Under Federal Rule of Civil Procedure 15(a)(2), courts generally should allow amendments when justice requires, but may deny leave for reasons including undue delay, prejudice, or futility. An amendment is futile if the proposed complaint could not survive a motion to dismiss for failure to state a plausible claim under Rule 12(b)(6). At this stage, the court accepts well-pleaded factual allegations as true and views them favorably to the plaintiff.

Claims based on criminal laws

The court found proposed claims for “hate crime,” obstruction of justice, terroristic threats, third-degree assault, mail tampering, and mail theft futile because they sought to enforce criminal statutes. The court stated that private citizens cannot enforce criminal laws and that third-degree assault has no private right of action under Minnesota law.

The court treated the proposed Fourth Amendment legal-mail claim differently. The defendants did not oppose that claim at that time, so the court allowed it to be added.

Medical malpractice

Johnson proposed allegations that Mental Health Worker Kris refused to restart his medication, that he submitted seven mental-health requests but met with Kris only once, and that Health Services Staff did not schedule surgery or provide follow-up care for two inguinal hernias.

The court denied leave to add the proposed medical-malpractice claims because the proposed complaint did not allege the applicable medical standard of care, facts showing a departure from that standard, or resulting injuries.

Negligent training and supervision

The court denied leave to add the proposed Minnesota negligent-training claim because Minnesota law does not recognize that cause of action. It also found the proposed negligent-supervision claim insufficient because the complaint did not allege facts showing foreseeability or a failure to exercise ordinary care.

The court additionally considered whether the allegations could support a failure-to-train-or-supervise claim under 42 U.S.C. § 1983, the federal civil-rights statute for certain violations committed under color of state law. It found the proposed complaint did not allege the required facts, including notice of a pattern of unconstitutional acts, deliberate indifference or tacit authorization, insufficient remedial action, and causation.

Defendants and capacities

The court allowed the amendment identifying Officer 2369 as Thaddeus Lockett and directed the clerk to substitute Lockett’s name on the docket. It also presumed that “Shaun Del Rosario” and the original defendant “Sean Delrosario” were the same person, allowed the amendment, and directed the clerk to change the spelling on the docket.

The court denied leave to add “Unknown Supervisors,” “Mental Health Worker Kris,” and “Health Services Staff” because the allegations against them related to claims the court found futile. It allowed “Property Officers” to be added because the allegations against them supported the new Fourth Amendment legal-mail claim.

The court also granted leave to bring the claims against defendants in both their individual and official capacities. It directed the clerk to seek waiver of service for the individual defendants and gave instructions for service on Property Officers.

Order

Judge John F. Docherty ordered that Johnson’s motion to amend was GRANTED IN PART and DENIED IN PART. The proposed second amended complaint became the operative complaint, but the only new claims permitted were individual-capacity claims against all defendants and the Fourth Amendment legal-mail claim. The clerk was directed to revise defendant names, terminate Unknown Health Services Staff and Kris Mental Health Worker, and begin service-related procedures for Property Officers and the other defendants.