Doe v. Olson et al

Filing 75

ORDER by Judge Daniel L. Hovland ADOPTING 71 REPORT AND RECOMMENDATIONS; finding as moot 36 Motion to Dismiss for Failure to State a Claim; granting 39 Motion for Summary Judgment; granting 43 Motion for Judgment on the Pleadings; finding as moot 49 Motion for Leave to File; granting 31 Motion to Dismiss.(JM) Distributed on 4/7/2016. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Jose Doe,

)
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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 4:14-cv-119
Sgt. Dave Goodman, in his individual and )
official capacities; Detective Thompson,
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in her individual and official capacities;
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Detective Jesse Smith, in his individual
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and official capacities; and an unknown
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number of unknown Federal (ICE) and
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City of Minot Agents of Law Enforcement, )
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Defendants.
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______________________________________________________________________________
This action arises out of an investigation into the transfer of illicit images of children from
an Internet Protocol (“IP”) address assigned to a Minot, North Dakota, residence in which Plaintiff
was subletting a basement bedroom. In September 2014, the Plaintiff initiated this action under
the pseudonym “Jose Doe.” See Docket No. 1. The Plaintiff’s complaint alleges law enforcement
officers unlawfully searched his rented bedroom and vehicle during the course of the investigation,
his rights under the Privacy Act were violated, and he was ostensibly defamed by law enforcement
officials. See Docket No. 9. The Plaintiff claims he lost both his job and his rented room, and his
personal property was damaged during the searches.
Pending before the Court are the following motions:
1) “Motion to Dismiss or, in the Alternative, for Summary Judgment,” filed by Defendants
Sgt. Dave Goodman and Detective Thompson (collectively the “Minot Defendants”)
on February 10, 2015, seeking dismissal on the merits, and arguing they are entitled to

qualified immunity, and Plaintiff should not be permitted to proceed under a
pseudonym (Docket Nos. 31 and 39);
2) “Motion to Dismiss for Failure to State a Claim,” filed by Defendant Detective Jesse
Smith on February 13, 2015, arguing Plaintiff should not be permitted to proceed under
a pseudonym (Docket No. 36);
3) “Motion for Judgment on the Pleadings,” filed by Defendant Detective Jesse Smith,
joining in the Minot Defendants’ motion to dismiss on the merits (Docket No. 43); and
4) “Motion for Leave to Proceed with a Pseudonym,” filed by Plaintiff Jose Doe, seeking
to proceed under a pseudonym (Docket No. 49).
On March 8, 2016, Magistrate Judge Charles S. Miller, Jr. issued a Report and
Recommendation in which he recommended: 1) the Court grant the Motion to Dismiss or,
Alternatively, for Summary Judgment by Defendants Goodman and Thompson (Docket Nos. 31
and 39) and the Motion for Judgment on the Pleadings by Defendant Smith (Docket No. 43), but
only to the extent of dismissing with prejudice the Plaintiff’s federal constitutional and Privacy
Act claims on the merits, and also on grounds of qualified immunity to the extent that Defendant
Goodman and Thompson are sued in their individual capacities; 2) the Court dismiss without
prejudice any state law claims the Plaintiff may be asserting; 3) the Court deem moot Defendant
Smith’s Motion to Dismiss (Docket No. 36) and the Plaintiff’s Motion to Proceed with a
Pseudonym (Docket No. 49). See Docket No. 71. The parties were given fourteen days to file
any objections to the Report and Recommendation. On March 24, 2016, the Court granted the
Plaintiff’s motion for extension of time, allowing the Plaintiff until April 8, 2016, to file an
objection to the Report and Recommendation. See Docket No. 73. On April 6, 2016, the Plaintiff
filed an objection. See Docket No. 74.

The Court has carefully reviewed Judge Miller’s Report and Recommendation, the
objection to the report, the relevant case law, and the entire record, and finds the Report and
Recommendation to be persuasive.

Accordingly, the Court ADOPTS the Report and

Recommendation (Docket No. 71) in its entirety and ORDERS as follows:
1. Defendant Goodman and Thompson’s “Motion to Dismiss or in the Alternative, for
Summary Judgment” (Docket No. 31 and 39) and Defendant Smith’s “Motion for
Judgment on the Pleadings” (Docket No. 43) shall be GRANTED. The Plaintiff’s
federal constitutional and Privacy Act claims are DISMISSED WITH PREJUDICE
on the merits and on grounds of qualified immunity. The Plaintiff’s state law claims
are DISMISSED WITHOUT PREJUDICE; and
2.

Defendant Smith’s Motion to Dismiss (Docket No. 36) and Plaintiff’s Motion to
Proceed with a Pseudonym (Docket No. 49) are FOUND MOOT.

IT IS SO ORDERED.
Dated this 7th day of April, 2016.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court