Benz-Whitebird v. Centurion of Minnesota L.L.C.
- Jerry Blackwell
- 0:23-cv-00469
- U.S. District Court · District of Minnesota
- 2
In Benz-Whitebird v. Centurion, Judge Blackwell granted the dismissal motions in part and denied them in part, dismissing several claims while allowing a Monell claim to continue.
The order affected Ms. Daniel Patrick Benz-Whitebird, also identified as Danielle Whitebird, and the defendants, including Paul Schnell, Centurion of Minnesota L.L.C., Dr. Louis Schicker, Dr. Gutenkauf, Dr. Truitt, and unidentified employees. It dismissed claims against some defendants and claims under the Americans with Disabilities Act, the Rehabilitation Act, and failure-to-protect theories, while allowing the Monell claim against Centurion to proceed.
What happened
In Benz-Whitebird v. Centurion of Minnesota L.L.C., the court reviewed a magistrate judge’s report after no party objected. The court found no clear error, and part of the report became moot because the parties agreed to dismiss Dr. Gutenkauf and Dr. Truitt.
The court granted the defendants’ motions to dismiss in part and denied them in part. It dismissed claims against unidentified Department of Corrections employees, Dr. Louis Schicker, and unidentified Centurion employees; dismissed the Americans with Disabilities Act and Rehabilitation Act claims; and dismissed the failure-to-protect damages claims for failure to state a claim. It also dismissed the related requests for declaratory and injunctive relief as moot. The court denied the motions as to the claim against Centurion under Monell, a rule governing an organization’s responsibility for certain official policies or practices, and denied the request to limit damages.
Judge Jerry W. Blackwell accepted the report and recommendation except for the moot portion concerning Dr. Gutenkauf and Dr. Truitt in their individual capacities.
The detailed version
- Benz-Whitebird v. Centurion of Minnesota L.L.C. · No. 0:23-cv-00469
- Jerry W. Blackwell
- Jan. 16, 2024
Background
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation on December 12, 2023. No objections were filed within the permitted time. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the report for clear error. The court found no clear error in the remaining portions of the report.
The court noted that part of the report had become moot because the parties stipulated to dismiss Dr. Gutenkauf and Dr. Truitt on January 8, 2024. The court’s order concerned motions to dismiss filed by the defendants.
Rulings
The court accepted the December 12, 2023 Report and Recommendation, except that the portion addressing Plaintiff’s claims against Dr. Gutenkauf and Dr. Truitt in their individual capacities was moot.
The defendants’ motions to dismiss were granted in part and denied in part:
- Plaintiff’s claims against “Unknown Department of Corrections Employees,” Dr. Louis Schicker, and “Unknown Centurion of Minnesota L.L.C. Employees” were dismissed. - Plaintiff’s claims under the Americans with Disabilities Act and the Rehabilitation Act were dismissed. - Plaintiff’s failure-to-protect claims for damages were dismissed for failure to state a claim. - Plaintiff’s failure-to-protect claims seeking declaratory and injunctive relief were dismissed as moot. - The motions were denied as to Plaintiff’s Monell claim against Centurion of Minnesota LLC. The order also denied the defendants’ request for an order limiting Plaintiff’s damages.
Effect of the Order
The order dismissed the specified claims and forms of relief but did not grant the defendants’ motions as to the Monell claim against Centurion or their request to limit damages. The opinion does not provide the Report and Recommendation’s underlying analysis of the surviving claim or the dismissed claims.
Judge
Judge Jerry W. Blackwell entered the order accepting the Report and Recommendation and specifying these dispositions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.