Frank v. State of Minnesota

Background

Joshua David Frank brought claims under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against government actors. United States Magistrate Judge Leo I. Brisbois recommended dismissing claims under 28 U.S.C. § 1915A(b)(1), which requires the court to screen certain claims and dismiss those that fail to state a claim for relief.

The recommendation covered Frank’s claims against the State of Minnesota, the Moorhead Police Department, K-9 Kash, Officers Z. Johnson and B. Musich in their official capacities, and Officers C. Johnson, J. Brannan, J. Johnson, R. Reller, and J. Secord in both their individual and official capacities. It also recommended dismissing Count One, which alleged a Miranda violation, because the recommendation concluded that the claim was not actionable under § 1983. The recommendation allowed Frank’s claims against Officers Z. Johnson and B. Musich in their individual capacities to proceed at that stage.

Objection

Frank filed a document titled “Motion to Reinstate #2 of[] Report and Recommendation.” The court treated it as an objection to the recommendation. Frank challenged only the recommendation concerning the official-capacity claims against Officers Z. Johnson and B. Musich. The court reviewed the challenged portion independently and reviewed the unchallenged portions for clear error. It concluded that Frank had not identified a legal or factual error and that the complaint did not provide sufficient facts supporting the official-capacity claims against those two officers.

Ruling

Judge Jeffrey M. Bryan overruled Frank’s objection and adopted the recommendation. The court ordered the following dispositions:

- Frank’s claims against the State of Minnesota, the Moorhead Police Department, and K-9 Kash were dismissed without prejudice. - Frank’s official-capacity claims against Officers Z. Johnson and B. Musich were dismissed without prejudice. - Frank’s official-capacity and individual-capacity claims against Officers C. Johnson, J. Brannan, J. Johnson, R. Reller, and J. Secord were dismissed without prejudice. - Count One of the amended complaint was dismissed without prejudice.

The order states that Frank’s claims against Officers Z. Johnson and B. Musich in their individual capacities may proceed at this stage. The court did not address Frank’s Request for a Non-Com Legal Aid, Motion of Supportive Facts, Motion to Add a Defendant and Add a Relief, or Motion to Readd the State of Minnesota as Defendant, because it did not construe those filings as objections to the recommendation.