Andersen v. Carver County Sheriffs Office

Background

Travis Clay Andersen began two related cases in Minnesota state court. He was representing himself and had been allowed to proceed without paying filing fees in each case. Andersen’s parents brought the summonses and complaints to the Carver County Jail and gave them to Commander Reed Ashpole, who then provided the documents to Laura Lynn Zimmerman and Ben Beyer. The record did not show that anyone served the Carver County Board Chair or Carver County Auditor.

The defendants removed both cases to federal court and answered, asserting insufficient service of process as a defense. Andersen later applied for permission to proceed without paying fees in federal court, and Magistrate Judge Dulce J. Foster granted that application. The order granting that status stated that service had already occurred and did not arrange for service by the U.S. Marshals Service.

Motion to dismiss

Defendants moved under Federal Rule of Civil Procedure 12(b)(5), which permits dismissal for insufficient service of process. They argued that Minnesota law governed service and that individuals had to be served personally or at their usual residences. They also argued that Carver County had to be served by delivering the documents to the chair of the county board or the county auditor. Because those steps had not occurred, Defendants argued that the court could not exercise jurisdiction over them and that both cases should be dismissed.

The court concluded that Defendants had not received sufficient service of process. But it also concluded that dismissal would only delay the litigation. Andersen could refile, apply to proceed without paying fees, and obtain Marshal service, and the court found good cause for extending the service period. The court considered Andersen’s self-represented status, custody, lack of legal training, the earlier communications indicating that service had occurred, and the fact that he had qualified for assistance with service.

Ruling and directions

The court denied Defendants’ motion to dismiss. It extended the time for service by an additional 90 days from the date of the order. It directed the U.S. Marshals Service to serve Carver County under Rule 4(j), which governs service on state and local governments. Andersen was required to submit completed Marshal Service Forms for Zimmerman and Beyer within 30 days. The Clerk was directed to seek waivers of service from Zimmerman and Beyer in their individual capacities. If either defendant failed without good cause to return a waiver within 30 days after it was mailed, the court stated that the defendant would be required to pay later service expenses.

The court warned that the cases could be dismissed for failure to prosecute if Andersen did not pursue them diligently or comply with court deadlines and procedural rules. It also referred Andersen to the Federal Bar Association’s Pro Se Project, while explaining that the referral did not guarantee that a volunteer lawyer would represent him and did not pause the litigation.