Daywitt et al v. Minnesota Department of Human Services et al
| Kenneth Steven Daywitt and Kenneth Gernard Parks |
| Minnesota Department of Human Services, Minnesota Sex Offender Program, Sara Kulas, Justin Joslin, Tara Osborne Leivian, Nicole Vaineo and 1E clinical team |
| 0:2017cv05574 |
| December 28, 2017 |
| US District Court for the District of Minnesota |
| DMN Office |
| Carlton |
| Franklin L. Noel |
| Wilhelmina M. Wright |
| Conditions of Confinement |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
40
ORDER ADOPTING REPORT AND RECOMMENDATION AS MODIFIED 32 . Based on the foregoing, and on all the files, records and proceedings herein, the Court OVERRULES the objections 34 36 and ACCEPTS the R&R AS MODIFIED 32 . IT IS HEREBY ORDERED THAT: 1. The R&R 32 is ADOPTED AS MODIFIED; 2. Defendants' Motion to Dismiss Plaintiff's Complaint 19 is GRANTED as follows: a. Count 1, to the extent that it asserts a claim against MSOP and the Minnesota Department of Human Services, individua lcapacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E clinical team for injunctive relief, and officialcapacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E clinical team, be DISMISSED WITH PREJUDICE; b. Count 1, to the extent that it asserts individualcapacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E clinical team for monetary relief, be DISMISSED WITHOUT PREJUDICE; c. Count 2, to the extent that it asserts a claim aga inst MSOP and the Minnesota Department of Human Services, individualcapacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E clinical team, official capacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E cl inical team for monetary relief, and any claim for violation of the Minnesota Constitution, be DISMISSED WITH PREJUDICE; d. Count 2, to the extent that it alleges officialcapacity claims against Defendants Kulas, Joslin, Leivian, Vaineo, and the 1E c linical team for injunctive relief for a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, be DISMISSED WITH PREJUDICE; and e. Count 3 be DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Nancy E. Brasel on 3/29/2019. (KMW)
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