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Daywitt v. Minnesota

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Jul 6, 2015
Civ. No. 14-4526 (MJD/LIB) (D. Minn. Jul. 6, 2015)
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Summary

finding that a request for declaratory and injunctive relief was not an independent cause of action, but rather, was dependent on the underlying constitutional challenge

Summary of this case from Azam v. City of Columbia Heights
See 6 Summaries

Opinion

Civ. No. 14-4526 (MJD/LIB)

07-06-2015

Kenneth S. Daywitt, et al., Plaintiffs, v. State of Minnesota, et al., Defendants.

Michael J. Davis United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED:

1. That Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is DENIED with respect to Count 2's Section 1983 free exercise claim as alleged against Defendants Jesson, Johnston, and Moser in their official capacities, to the extent Plaintiffs seek injunctive and/or declaratory relief arising from Policy 303.020's suit coat prohibition.

2. That Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is DENIED with respect to Count 4 as alleged against the State entity Defendants and the individual Defendants in their official capacities, to the extent Plaintiffs seek injunctive and/or declaratory relief arising from Policy 303.020's suit coat prohibition.

3. That Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is GRANTED in all other respects. DATED: July 6, 2015
At Minneapolis, Minnesota

s/Michael J. Davis

Michael J. Davis

United States District Court

Summaries of

Daywitt v. Minnesota

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Jul 6, 2015
Civ. No. 14-4526 (MJD/LIB) (D. Minn. Jul. 6, 2015)

finding that a request for declaratory and injunctive relief was not an independent cause of action, but rather, was dependent on the underlying constitutional challenge

Summary of this case from Azam v. City of Columbia Heights

concluding that pro se plaintiffs' failure-to-train allegations were insufficient to maintain such a claim because the plaintiffs merely alleged that the defendants "inadequately supervised and trained their employees"

Summary of this case from Greene v. Lake

adopting report and recommendation

Summary of this case from Favors v. Ensz

adopting report and recommendation

Summary of this case from Favors v. Mike

stating that a claim for declaratory judgment in the amended complaint was not an independent cause of action and was instead "a request for a specific form of relief dependent" on other counts in the complaint

Summary of this case from Allen v. Reid

dismissing First Amendment retaliation claim arising from "pure enforcement" of an allegedly unconstitutional policy because plaintiff failed to plead facts indicating the adverse action was motivated, at least in part, by the protected activity

Summary of this case from Dye v. Kinkade
Case details for

Daywitt v. Minnesota

Case Details

Full title:Kenneth S. Daywitt, et al., Plaintiffs, v. State of Minnesota, et al.…

Court:UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jul 6, 2015

Citations

Civ. No. 14-4526 (MJD/LIB) (D. Minn. Jul. 6, 2015)

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