Summary
dismissing inmate's ADA claim where the plaintiff alleged that the defendants had denied him the single cell accommodation ordered by his doctor, not that he had been denied access to any service or program
Summary of this case from Bonds v. S. Health Partners, Inc.Opinion
Civil No. 06-4575 (DWF/RLE).
March 19, 2008
Nico Redding, Pro Se, Plaintiff.
Margaret E. Jacot, Assistant Attorney General, Minnesota Attorney General's Office, counsel for Defendants Jan Hanlon; Ms. Karow; Sgt. Schleis; Vicky Pohlmann; Captain Klatt; L. Summers; Officer Peine; Mr. Stender; Ms. Connie Roewick; Mr. Reiser; Ms. J. Carter; Ms. Hlatti; Ms. Bernadette Nicholson; Lt. McColley; Lt. Sheila McShae; Officer Opsaul; Officer Knott; Officer Carol McHugho; Officer Cervanek; Officer Lewin; Lt. McShae; Ms. Sandy Rost; Nanette Larson; John Agrimson; Ms. Lynn Noll; Ms. Conel; Sgt. Dunras; Lt. Mikel; Officer Washington; Officer Cindy Mosco; Officer Rosemary Andrews; Officer Al Jones III; Officer T. Ryan; Officer Kruger; Mr. C. Johnson; Sgt. Zime; Sgt. Gardner; G. Kindall; Officer Bob Coolidge; Officer D. Pierce; Sgt. Jan Obrien; Officer Brewer; Sgt. Rikken; Officer Sandy Olene; Carrie Anderson; Ms. Sue Nelson; Officer Melany Parsons; Health Services Department of Faribault; Health Services, Lino Lakes; Health Services, Rush City; Nanette Larson; and John A. Agrimson.
Margaret E. Jacot, and Kelly S. Kemp, Assistant Attorneys General, Minnesota Attorney General's Office, counsel for Defendants Officer Liebel, Lt. Yozamp, Officer R. Peterson, Sgt. Mielke, Warden John King, Officer Lanierd, Officer M. Fox, Officer David Lang, Captain Wilmes, and Ammy Langsworthy.
Mark W. Hardy, Esq., Geraghty O'Loughlin Kenney, PA, counsel for Defendants Darin Haugland, Keith Krueger, Ms. Phyllis Lawver, Mr. Dale Poliak, Doctor Craane, Doctor Salmi, and C.M.S.
Sgt. Worrison, Ms. Joanne Paulson, Mr. Ralph Flesher, Officer Hangman Vandeburg, Officer Tolbert, Ms. Loraine Shultz, and Regional Director of C.M.S., Pro Se Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Plaintiff Nico Redding's objections to Chief United States Magistrate Judge Raymond L. Erickson's Report and Recommendation dated February 15, 2008, recommending that: (1) Redding's claims against Defendant Joanne Paulson be dismissed, for failure to effect service of process, but without prejudice; (2) the Motion of the CMS Defendants to Dismiss be granted, but without prejudice; (3) the Motion of the State Defendants to Dismiss be granted in part, except for the following claims, which should be allowed to proceed: (a) Redding's Eighth Amendment claims against Jones, Knott, Opsahl, Pohlmann, and Schleis, for intentional interference with prescribed medical treatment; (b) Redding's MHRA claim against Jones for sexual harassment; (c) Redding's Eighth Amendment claim against Johnson for delay of medical treatment; (d) Redding's Fourteenth Amendment claim against Schleis, for denial of equal protection under the law.
The Court has conducted a de novo review of the record, including a review of the specific objections of Plaintiff, as well as the submissions of opposing counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the 63-page Report and Recommendation and is incorporated by reference for purposes of Plaintiff's objections.
Based upon the de novo review of the record and all of the arguments and submissions of the parties, including the specific objections of the Plaintiff, and the Court being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1. Plaintiff Nico Redding's objections (Doc. No. 76) to Chief United States Magistrate Judge Raymond L. Erickson's Report and Recommendation dated February 15, 2008, are DENIED.
2. Chief United States Magistrate Judge Raymond L. Erickson's Report and Recommendation dated February 165, 2008 (Doc. No. 74), is ADOPTED.
3. Plaintiff Nico Redding's claims against Defendant Joanne Paulson are DISMISSED, for failure to effect service of process, but WITHOUT PREJUDICE.
4. The Motion of the CMS Defendants to Dismiss (Doc. No. 30) is GRANTED, but WITHOUT PREJUDICE.
5. The Motion of the State Defendants to Dismiss (Doc. No. 36) is GRANTED IN PART, except for the following claims, which should be allowed to proceed:
a. Redding's Eighth Amendment claims against Jones, Knott, Opsahl, Pohlmann, and Schleis, for intentional interference with prescribed medical treatment.
b. Redding's MHRA claim against Jones for sexual harassment.
c. Redding's Eighth Amendment claim against Johnson for delay of medical treatment.
d. Redding's Fourteenth Amendment claim against Schleis, for denial of equal protection under the law.