Elliott v. Wilson et al

Filing 158

ORDER ADOPTING REPORT AND RECOMMENDATIONS that 1. Defendants' Motion to Dismiss or In the Alternative Motion for Summary Judgment Dkt. No. 150 is GRANTED IN PART and DENIED IN PART as follows: a. The Motion is DENIED with respect to the clai m that Defendants Dr. Kari Maynard, John Isaacson, Dixie Dahl, Steve Denzine, Rykki Gignon, Terry Greenfield, and Keith Krzoska violated Plaintiff Benjamin Elliott's equal protection rights by subjecting him to discipline for possession of ph otographs with homosexual content discovered on October 30, 2014. b. The Motion is GRANTED in all other respects, as follows: i. Elliott's official-capacity claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction, except insofar as he seeks prospective, non-monetary relief for claims relating to his alleged dismissal from RDAP (which are DISMISSED WITH PREJUDICE as stated below). ii. The remaining claims not presented in Administrative Remedy Series 806239 or 807563 are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. iii. All remaining claims (including claims relating to his alleged dismissal from RDAP), with the exception of the equal-protection claim described above, are DISMISSED WITH PREJUD ICE for failure to state a claim on which relief may be granted. 2. Defendants Denese Wilson, Matthew Marske, Tony Lee, William Earl, Michael Weber, Mark Bruns, Dr. Ann LaValley-Wood, Joe Jarvis, Steven Dracy, Cathy Thompson, Nicole Fedo, and Deborah Jensen are DISMISSED from this Action.(Written Opinion). Signed by Judge Joan N. Ericksen on 3/29/2017. cc: Elliott.(MMP)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
BENJAMIN ELLIOTT,
Plaintiff,
v.
DENESE WILSON, Warden et al.;
MATTHEW MARSKE, Associate Warden;
TONY LEE, Captain; WILLIAM EARL,
Retired SIS Lieutenant; MICHAEL WEBER,
SIS Technician; MARK BRUNS, SIS
Technician; DR. ANN LAVALLEY-WOOD,
Chief Psychologist; DR. KARI MAYNARD,
Former Drug Abuse Prevention Coordinator;
STEVE DENZINE, Drug Treatment
Specialist; DIXIE DAHL, Drug Treatment
Specialist; RYKKI GIGNON, Drug Treatment
Specialist; TERRY GREENFIELD, Drug
Treatment Specialist; KEITH KRZOSKA,
Drug Treatment Specialist; JOE JARVIS,
Unit Manager; JOHN ISAACSON, Unit
Counselor; STEVEN DRACY, Correctional
Officer; CATHY THOMPSON, Psychology
Treatment Program Coordinator; NICOLE
FEDO, Case Manager; DEBORAH JENSEN,
Correctional Systems Officer; 10
UNKNOWN FEDERAL BUREAU OF
PRISON EMPLOYEES, all in both their
individual and official capacities;

Case No. 15-cv-1908 (JNE/KMM)
ORDER

Defendants.
This matter comes before the Court upon the Report and Recommendation dated January
17, 2017, by the Honorable Katherine M. Menendez, United States Magistrate Judge, addressing
Defendants’ motion to dismiss Plaintiff Benjamin Elliott’s Amended Complaint. Dkt. No. 157.
Elliott opposed Defendants’ motion to dismiss. See Dkt. No. 156. The Magistrate Judge
recommends that all of Elliott’s claims be dismissed except for an equal-protection claim against
Defendants Maynard, Isaacson, Dahl, Denzine, Gignon, Greenfield, and Krzoska relating to a

search allegedly conducted on October 30, 2014. No objections to the Report and
Recommendation were filed, and the filing deadline passed weeks ago. See D. Minn. L.R.
72.2(b)(1). The Court accepts the recommendations. See id. 72.2(b)(3).
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1. Defendants’ Motion to Dismiss or In the Alternative Motion for Summary
Judgment [Dkt. No. 150] is GRANTED IN PART and DENIED IN PART as
follows:
a. The Motion is DENIED with respect to the claim that Defendants Dr. Kari
Maynard, John Isaacson, Dixie Dahl, Steve Denzine, Rykki Gignon, Terry
Greenfield, and Keith Krzoska violated Plaintiff Benjamin Elliott’s equalprotection rights by subjecting him to discipline for possession of
photographs with homosexual content discovered on October 30, 2014.
b. The Motion is GRANTED in all other respects, as follows:
i. Elliott’s official-capacity claims are DISMISSED WITHOUT
PREJUDICE for lack of jurisdiction, except insofar as he seeks
prospective, non-monetary relief for claims relating to his alleged
dismissal from RDAP (which are DISMISSED WITH
PREJUDICE as stated below).
ii. The remaining claims not presented in Administrative Remedy
Series 806239 or 807563 are DISMISSED WITHOUT
PREJUDICE for failure to exhaust administrative remedies.
iii. All remaining claims (including claims relating to his alleged
dismissal from RDAP), with the exception of the equal-protection
claim described above, are DISMISSED WITH PREJUDICE for
failure to state a claim on which relief may be granted.
2. Defendants Denese Wilson, Matthew Marske, Tony Lee, William Earl, Michael
Weber, Mark Bruns, Dr. Ann LaValley-Wood, Joe Jarvis, Steven Dracy, Cathy
Thompson, Nicole Fedo, and Deborah Jensen are DISMISSED from this Action.
Dated: March 29, 2017

s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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