Campbell v. Barney et al

Filing 13

ORDER by Judge Daniel L. Hovland ADOPTING 11 REPORT AND RECOMMENDATIONS.(JM) Distributed on 4/5/2016. (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Anthony Leon Campbell,

)
)
Plaintiff,
)
ORDER ADOPTING REPORT
)
AND RECOMMENDATION
vs.
)
)
Case No. 4:15-cv-141
Chuck Barney, Mayor of Minot, Leann
)
Bertsch, Director, Department of
)
Corrections and Rehabilitation, Steve
)
Kukowski, Sheriff and Jail Commissioner, )
Ward County, and Paul Othoff, Commander,)
Ward County Jail,
)
)
Defendants.
)
______________________________________________________________________________
The Plaintiff, Anthony Campbell, is an inmate at the Ward County Jail in Minot, North
Dakota. On November 2, 2015, Campbell initiated a pro se civil rights action alleging the
Defendants are depriving him of “adequate public health and welfare conditions while imprisoned
at the Ward County Jail.” See Docket No. 7.
After screening the complaint as required by 28 U.S.C. § 1915(A)(a), Magistrate Judge
Charles S. Miller, Jr. issued a Report and Recommendation on March 11, 2016, in which he
recommended that the Court permit Campbell to proceed with his “conditions-of-confinement”
claims against Defendant Kukowski and Othoff in their official capacities, but limited at this point
to: a) exposure to allegedly toxic black mold; b) being forced to sleep on bedding that is
unsanitary; c) being forced to wear clothes that are unsanitary; and d) having to drink water that is
contaminated and unfit to drink. See Docket No. 11, pp. 13-14. Judge Miller’s report also
recommended the remaining claims against Defendants Kukowski and Othoff be dismissed
without prejudice. Further, Judge Miller’s report recommended Defendants Bertsch and Barney
be dismissed without prejudice. Because Campbell is incarcerated, the time for filing objections
1 

to the report was extended until April 5, 2016. An objection to the Report and Recommendation
was filed on April 1, 2016. See Docket No. 12.
The Court has carefully reviewed Judge Miller’s Report and Recommendation, the
objection to the Report and Recommendation, 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. 11) in its entirety. Campbell is allowed to proceed with
his “conditions-of-confinement” claims against Defendant Kukowski and Othoff in their official
capacities, but limited at this point to: a) exposure to allegedly toxic black mold; b) being forced
to sleep on bedding that is unsanitary; c) being forced to wear clothes that are unsanitary; and d)
having to drink water that is contaminated and unfit to drink. The remaining claims against
Defendants Kukowski and Othoff are to be DISMISSED WITHOUT PREJUDICE. Defendants
Bertsch and Barney are to be DISMISSED WITHOUT PREJUDICE.  
IT IS SO ORDERED.
Dated this 5th day of April, 2016.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court 

2