Summary
In Olson, the court concluded that the plaintiff's proposed amendment of his claims was futile because his allegations were "contradicted by the public record."
Summary of this case from Hutar v. Capital One Fin. Corp.Opinion
Civil No. 13-1777 (DWF/LIB)
06-18-2014
Aaron Olson, Plaintiff, v. James Kambiri; Ramsey County; State of Minnesota; Minnesota Attorney General Lori Swanson; United States Department of State; and U.S. Secretary of State, John Kerry, Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter is before the Court upon Plaintiff Aaron Olson's objection (Doc. No. 60) to Magistrate Judge Leo I. Brisbois's April 21, 2014 Report and Recommendation (Doc. No. 57) insofar as it recommends that (1) the State of Minnesota and Minnesota Attorney General Lori Swanson's (together, the "State Defendants") Motion to Dismiss be granted and that Plaintiff's claims against the State of Minnesota and Minnesota Attorney General Lori Swanson be dismissed with prejudice; and (2) Ramsey County and James Kambiri's (together, the "County Defendants") Motion to Dismiss be granted such that: (a) Plaintiff's federal claims against James Kambiri pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act ("ADA") be dismissed with prejudice; and (b) Plaintiff's state law claims for infliction of emotional distress against Ramsey County and James Kambiri be dismissed without prejudice. The State and County Defendants both filed responses to Plaintiff's objections on May 30, 2014. (Doc. Nos. 65, 66.) Plaintiff filed a reply thereafter. (Doc. No. 73.)
The Court has conducted a de novo review of the record, including a review of the arguments and submissions of the parties, 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 Report and Recommendation and is incorporated by reference for purposes of Plaintiff's objection. Having carefully reviewed the record, the Court concludes that Plaintiff's objection offers no basis for departure from the Report and Recommendation.
Plaintiff appears to generally object to the Magistrate Judge's recommendation that his claims against the State and County Defendants be dismissed. (See generally Doc. Nos. 60, 73.) The undersigned agrees with the Magistrate Judge's determination that Plaintiff's Complaint fails to state a valid claim against either the State or County Defendants. (See Doc. No. 57 at 8-18.) Even taking into consideration the additional allegations contained within Plaintiff's proposed Third Amended Complaint, the Third Amended Complaint would still not survive a motion to dismiss for the reasons stated in the Report and Recommendation. (See id. at 18-22.) The Court thus concludes, as did Magistrate Judge Brisbois, that Plaintiff has failed to assert a plausible claim against the State and County Defendants. Consequently, the Court dismisses the claims asserted against them.
Based upon the de novo review of the record and all of the arguments and submissions of the parties, and the Court being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1. Plaintiff Aaron Olson's objection (Doc. No. [60]) to Magistrate Judge Leo I. Brisbois's April 21, 2014 Report and Recommendation is OVERRULED.
2. Magistrate Judge Leo I. Brisbois's April 21, 2014 Report and Recommendation (Doc. No. [57]) is ADOPTED.
3. State Defendants' Motion to Dismiss (Doc. No. [11]) is GRANTED. Plaintiff's claims against the State of Minnesota and Minnesota Attorney General Lori Swanson are DISMISSED WITH PREJUDICE.
4. County Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. No. [16]) is GRANTED IN PART and DENIED IN PART as follows:
a. Plaintiff's federal claims against James Kambiri pursuant to 42 U.S.C. § 1983 and the ADA are DISMISSED WITH PREJUDICE.
b. Plaintiff's state law claims for infliction of emotional distress against Ramsey County and James Kambiri are DISMISSED WITHOUT PREJUDICE.
c. To the extent County Defendants seek summary judgment, the motion is DENIED AS MOOT.
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DONOVAN W. FRANK
United States District Judge