Taylor v. Swanson et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION. (Written Opinion) Signed by Chief Judge Patrick J. Schiltz on 2/27/2023.(CLG)

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Michael Pittman,

Case No. 11-CV-3658 (PJS/TNL)
Plaintiff,

v.

ORDER

Lori Swanson; Governor Dayton; Dennis
Benson; Lucinda Jesson; Cal Ludeman;
Greg Carlson; Kevin Moser; David Prescott;
Janine Hebert; Tom Lundquist; Elizabeth
Barbo; Linda Anderson; Kelli Minor; Rob
Rose; Dominique Wilson; Allison Collins;
Debbie James; Terry Kneisel; Sara Kulas;
James Martinez; Craig Berg; Vickie
Aldridge; and Ramsey County Social
Services Corrine Malaske,
Defendants.

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Jamaal Carey,

Case No. 11-CV-3711 (PJS/TNL)
Plaintiff,

v.
Lori Swanson; Governor Dayton; Dennis
Benson; Lucinda Jesson; Cal Ludeman;
Greg Carlson; Kevin Moser; Eric Skon;
Janine Hebert; Tom Lundquist; Elizabeth
Barbo; Nancy Johnson; Troy Sherwood;
Tim Gore; Jennifer Jenniges; Stacey
Sonnek; Julie Rose; Terry Kneisel; Seth
Doe; and Clay County Social Services Jane
Doe,
Defendants.

Charles A. Talyor (aka Terrance A. Pettis),
Plaintiff,
v.
Lori Swanson; Governor Dayton; Dennis
Benson; Lucinda Jesson; Cal Ludeman;
Greg Carlson; Kevin Moser; David Prescott;
Ph.D., LP Janine Hebert; Tom Lundquist;
Elizabeth Barbo; Linda Anderson; Kelli
Minor; Rob Rose; Dominique Wilson;
Allison Collins; Debbie James; Terry
Kneisel; Sara Kulas; James Martinez; Craig
Berg; Vickie Aldridge; Hennepin County
Social Services; Nicole Armstrong,
Defendants.

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Case No. 11-CV-3728 (PJS/TNL)

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Earl Stephan McMoore,

Case No. 12-CV-318 (PJS/TNL)

Plaintiff,
v.
Lori Swanson; Governor Dayton; Dennis
Benson; Lucinda Jesson; Cal Ludeman;
Greg Carlson; Kevin Moser; David Prescott;
Ph.D., LP Janine Hebert; Tom Lundquist;
Elizabeth Barbo; Linda Anderson; Kelli
Minor; Rob Rose; Dominique Wilson;
Allison Collins; Debbie James; Terry
Kneisel; Sara Kulas; Tara Osborne; Jane
Stinar; Vickie Aldridge; and Hennepin
County Social Services Nicole Armstrong,
each sued in their individual capacity and in
their official capacity as employees of the
State Attorney General’s Office, the
Governor’s Office, and the Minnesota
Department of Human Services
Defendants.

Based upon the Report and Recommendation by United States Magistrate Judge
Tony N. Leung dated January 27, 2023, along with all the files and records, and no
objections to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1. The following claims in the Complaints of Plaintiff Carey, (ECF No. 1), Plaintiff
McMoore (ECF No. 1), Plaintiff Pettis (ECF No. 1) and Plaintiff Pittman (ECF No.
1) are DISMISSED WITHOUT PREJUDICE:
a. Plaintiffs’ First Cause of Action: Failure to Provide Treatment.

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b. Plaintiffs’ Second Cause of Action: Unreasonable Restrictions on Free
Speech, EXCEPT –
i. Plaintiffs’ claim against Defendants Julie Rose, Rob Rose, and Terry
Kneisel in their individual and official capacities alleging that they
repeatedly intentionally delayed the distribution of Plaintiffs’ mail.
Carey, ECF No. 1 at ¶ 95; McMoore, ECF No. 1 at ¶ 94; Pettis, ECF
No. 1 at ¶ 94; Pittman, ECF No. 1 at ¶ 94;
ii. Plaintiffs’ claim against the defendants in their official capacity
alleging censorship of newspapers and magazines;
iii. Plaintiffs’ claim against the defendants in their official capacity
alleging that they were restricted access to certain magazines and
newspapers;
iv. Plaintiffs’ claim against the defendants in their official capacity
alleging that they have been denied the right to associate with others;
and
v. Plaintiff’s claim against the defendants in their official capacity
alleging that they have been prohibited from wearing certain clothing.
c. Plaintiffs’ Third Cause of Action: Unreasonable Searches and Seizures,
EXCEPT—
i. Plaintiffs’ claim against the defendants in their official capacity
alleging that their television, ring, and belt have been seized.
d. Plaintiffs’ Fourth Cause of Action: Invasion of Privacy.
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e. Plaintiffs’ Fifth Cause of Action: Denial of Access to Legal Materials and
Counsel, EXCEPT –
i. Plaintiffs’ claim against the defendants in their official capacity
alleging that their legal calls are not private and are being monitored
by MSOP staff.
f. Plaintiffs’ Sixth Cause of Action: Denial of Liberty.
g. Plaintiffs’ Seventh Cause of Action: Denial of the Right to Religion and
Religious Freedom.
h. Plaintiffs’ Eight Cause of Action: Denial of Less Restrictive Alternative.
i. Plaintiffs’ Tenth Cause of Action: The Right To Be Free from Double
Jeopardy.
j. Plaintiffs’ Twelfth Cause of Action: Conspiracy to Deny Due Process in
Violation of the Fourteenth Amendment of the United States Constitution
and 42 U.S.C. § 1985(3).
k. Plaintiffs’ Thirteenth Cause of Action: Intentional Infliction of Emotional
Distress.
l. Plaintiffs’ Fourteenth Cause of Action: Negligent Infliction of Emotional
Distress.
m. Plaintiffs’ Fifteenth Cause of Action: Obligation of Contracts.
n. Plaintiffs’ Sixteenth Cause of Action: Negligent Hiring and Credentialing of
Defendants.
o. Plaintiffs’ Eighteenth Cause of Action: Supervisor Liability.
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p. Plaintiffs’ Nineteenth Cause of Action: Violation of the Police Powers of the
State.
q. Plaintiffs’ Twentieth Cause of Action: Violation of the Oath of Office.
r. Plaintiffs Pettis and Pittman’s Twenty-First Cause of Action: Denial of
Liberty.
s. Plaintiffs Carey and McMoore’s Twenty-First Cause of Action: Conspiracy
to Place Plaintiff Outside of the Law.
t. Plaintiffs’ Twenty-Second Cause of Action: Defendants Are in Violation of
the 14th Amendment to the United States Constitution and 42 U.S.C. § 1983
In Support of Preventative [sic] Detention.
u. Plaintiffs’ Twenty-Third Cause of Action: Denial of Health Care and
Affordable Housing.
2. The following claims in the Complaints of Plaintiff Carey, (ECF No. 1), Plaintiff
McMoore (ECF No. 1), Plaintiff Pettis (ECF No. 1) and Plaintiff Pittman (ECF No.
1) are not dismissed:
a. Plaintiffs’ Ninth Cause of Action: Cruel and Unusual Punishment.
b. Plaintiffs’ Eleventh Cause of Action: Denial of Due Process.
c. Plaintiffs’ Seventeenth Cause of Action: Totality of the Conditions.
d. Plaintiffs’ claim against Defendants Rob Rose and Julie Rose in their
individual capacities alleging that they denied them access to the gym as
punishment without due process of law. McMoore, ECF No. 1 at ¶¶ 65-68;

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Carey, ECF No. 1 at ¶¶ 66-69; Pittman, ECF No. 1 at ¶¶ 65-68; Pettis, ECF
No. 1 at ¶¶ 65-68.
e. The individual capacity claim against Defendant Seth Doe in the Complaint
of Plaintiff Carey, (ECF No. 1), alleging that Defendant Seth Doe grabbed
him from behind “without provocation” and sprayed him with a chemical
irritant in the face “without warning.” Carey, ECF No. 1 at ¶¶ 53-55.
3. The Motions for Temporary Restraining Order and Preliminary Injunction of
Plaintiff Earl Stephan McMoore, (ECF No. 4), Plaintiff Charles A. Taylor (aka
Terrance A. Pettis), (ECF No. 5), and Plaintiff Michael Pittman, (ECF No. 2), are
DENIED WITHOUT PREJUDICE.
4. The Motions for Declaratory Judgment of Plaintiff Earl Stephan McMoore, (ECF
No. 6), Plaintiff Charles A. Taylor (aka Terrance A. Pettis), (ECF No. 4), and
Plaintiff Michael Pittman, (ECF No. 3), are DENIED.

Date: February 27, 2023

s/Patrick J. Schiltz
The Honorable Patrick J. Schiltz
Chief United States District Court Judge
District of Minnesota

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