Opinion
Civil File No. 12-738 (MJD/AJB)
03-18-2013
MELISSA HILL, Plaintiff, v. CITY OF MINNEAPOLIS, MINNEAPOLIS POLICE DEPARTMENT, OFFICER AMY VREELAND, THE UNITED STATES FEDERAL PROTECTIVE SERVICE, FPR INSPECTOR JESSE RODRIGUEZ, DECO, INC., TIMOTHY SARKELA, JOHN KANGA, and MICHAEL THOMS, Defendants.
Nadege J. Souvenir and William Z. Pentolovitch, Maslon Edelman Borman & Brand, Teresa J. Nelson, ACLU of Minnesota, Counsel for Plaintiff. David W. Fuller, Assistant United States Attorney, Counsel for Defendants The United States Federal Protective Service and FPR Inspector Jesse Rodriguez.
ORDER
Nadege J. Souvenir and William Z. Pentolovitch, Maslon Edelman Borman & Brand, Teresa J. Nelson, ACLU of Minnesota, Counsel for Plaintiff. David W. Fuller, Assistant United States Attorney, Counsel for Defendants The United States Federal Protective Service and FPR Inspector Jesse Rodriguez.
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Chief Magistrate Judge Arthur J. Boylan dated December 26, 2012. [Docket No. 59] Plaintiff Melissa Hill filed objections to the Report and Recommendation.
Pursuant to statute, the Court has conducted a de novo review upon the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of United States Chief Magistrate Judge Boylan filed December 26, 2012.
Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States Chief Magistrate Judge Boylan dated December 26, 2012 [Docket No. 59].
2. Defendants The United States Federal Protective Service and FPS Inspector Jesse Rodriguez's Motion to Dismiss [Docket No. 36] is GRANTED IN PART and DENIED IN PART as follows:
a. The motion to dismiss Count I claims against The United States Federal Protective Service and FPS Inspector Jesse Rodriguez for actions taken in an official capacity is GRANTED;
b. Defendant The United States Federal Protective Service is DISMISSED as a Defendant in this action; and
c. The motion to dismiss Count I individual claims against FPS Inspector Jesse Rodriguez on qualified immunity grounds is DENIED without prejudice.
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Michael J. Davis
Chief Judge
United States District Court