Case: Karsjens v. Minnesota Department of Human Services

0:11-cv-03659 | U.S. District Court for the District of Minnesota

Filed Date: Dec. 21, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 21, 2011, patients civilly committed to the Minnesota Sex Offender Program filed this lawsuit pro se in the U.S. District Court for the District of Minnesota. The plaintiffs sued the Minnesota Department of Health & Human Services (DHS) and the Minnesota Sex Offender Program (MSOP) under 42 U.S.C. § 1983. Seeking injunctive and monetary relief, the plaintiffs alleged violations of the Fourteenth, First, and Fourth Amendments. Specifically, the plaintiffs alleged that recent amendmen…

On December 21, 2011, patients civilly committed to the Minnesota Sex Offender Program filed this lawsuit pro se in the U.S. District Court for the District of Minnesota. The plaintiffs sued the Minnesota Department of Health & Human Services (DHS) and the Minnesota Sex Offender Program (MSOP) under 42 U.S.C. § 1983. Seeking injunctive and monetary relief, the plaintiffs alleged violations of the Fourteenth, First, and Fourth Amendments.

Specifically, the plaintiffs alleged that recent amendments to the Minnesota sex offender treatment statutes and replacements in DHS and MSOP administration had caused a drastic change in the program. Despite being classified as civilly committed patients, the plaintiffs were now placed in a maximum security facility and repeatedly experienced violations of their personal liberty and dignity. They were provided limited access to the outside world: no access to the internet, exorbitant rates for telephone communications, and harsh and limited policies for in-person visits, including a pat-down of the visitor.

The patients further alleged that they were no longer able to have much of their previously allowed personal property and that any incoming property was systematically destroyed by the administration. The patients alleged negligent staff and negligent medical care, resulting in deaths of patients. The sex offender treatment was alleged to be grossly inadequate, resulting in a de facto inability to graduate out of the program and reintegrate into society. The plaintiffs also alleged that the administration deliberately spent the money provided for the sex offender program on the staff, and then unreasonably charges the patients for the inadequately provided basic necessities. The plaintiffs also allege inadequate grievance procedures.

The plaintiffs sought to proceed as a class and were provided representation by the state bar's Pro Se Project. On January 25, 2012, and February 6, 2012, Chief Judge Michael J. Davis stayed all other MSOP cases, pending the resolution of the class certification in this lawsuit. The case was also assigned to Magistrate Judge Jeffery J. Keyes on February 6, 2012.

The first amended complaint was filed on March 15, 2012. In it, the plaintiffs incorporated their previous allegations and added that their treatment also violated the Minnesota state Constitution and the Minnesota Civil Commitment and Treatment Act. The plaintiffs' complaint relied heavily on a March 2011 Evaluation Report on the Civil Commitment of Sex Offender issued by the Office of the Legislative Auditor for the State of Minnesota.

According to the complaint, several years before, a new Executive Director of the MSOP program had been hired and substantially altered program policies. The plaintiffs alleged that the result was vague treatment plans, a lack of qualified clinical staff, and a denial of proper medications and treatments. The plaintiffs also alleged that punishments included solitary confinement, denial of group therapy, denial of exercise, denial of employment opportunities and denial of treatment. In addition, the double-bunking of individuals had led to increased physical and sexual assaults. The plaintiffs alleged they were subjected to intrusive searches without reasonable suspicion, and that their correspondence was searched. Finally, there was no way to leave the program: only one patient had been released without revocation of discharge.

On April 30, 2012, all parties stipulated to the defendants' motion for an extended time to answer. This was presumably due to settlement negotiations, as preliminary settlement conferences were scheduled the following week.

On July 24, 2012, the defendants additionally stipulated to a temporary restraining order, and Judge Donovan W. Frank certified the plaintiff class of "[a]ll patients currently civilly committed in the Minnesota Sex Offender Program pursuant to Min. Stat. § 253B." 283 F.R.D. 514 (D. Minn. 2012). Because of these developments, on July 26, 2012, Judge Frank held that the plaintiffs' motion for a temporary restraining order was moot. 2012 WL 3061863.

On August 15, 2012, Chief Magistrate Judge Arthur J. Boylan found that further study was necessary to address these issues. The court ordered the Minnesota Commissioner of Human Services to create a Sex Offender Civil Commitment Advisory Task Force for two years. The court ordered the Task Force to provide the Commissioner with recommendations on less restrictive alternatives and other recommended legislative reforms. On October 5, 2012, Chief Magistrate Judge Boylan issued an order affirming the appointment of specific individuals to the Task Force. Magistrate Judge Jeffrey J. Keyes approved five more appointments to the Task Force on December 13, 2012,

Between August and September 2012, several individuals or groups of individuals committed to MSOP filed motions to intervene, to consolidate, to create a sub-class, or for temporary restraining orders and preliminary injunctions. These were filed without the assistance or approval of the class counsel. On December 5, 2012, Judge Frank denied each such motion. 2012 WL 6044652.

Over the next two years, the parties continued to concurrently participate in settlement negotiations and file motions against each other in court. The commissioner also proceeded with his court-ordered evaluation of the program. On August 8, 2013, the plaintiffs filed a second amended complaint. On December 6, 2013, Judge Frank appointed experts under Rule 706 of the Federal Rules of Evidence.

On February 20, 2014, Judge Frank granted the defendants' motion to dismiss the equal protection claim raised in the second amended complaint and denied all plaintiffs' and defendants' other motions. In the opinion, Judge Frank warned that he might ultimately find the program to be unconstitutional and urged the legislature to take action. However, he denied without prejudice several of the plaintiffs' requests for preliminary relief because he did not have access to the complete factual record. 6 F. Supp. 3d 916.

Having received expert recommendations, on June 2, 2014, Judge Frank ordered the defendants to show cause as to why the continued confinement of E.T. (one of the patients at MSOP) did not violate the Due Process Clause of the Fourteenth Amendment, and why E.T. should not be immediately and unconditionally released from MSOP. On June 9, 2014, plaintiffs filed a motion for the immediate transfer of an individual the court identifies as R.B., on the basis of the same report. On June 11, 2014, the defendants issued a response to the court's order to show cause regarding E.T.'s continued confinement. On June 19, 2014, the Hennepin County Attorney filed an amicus memorandum on the applicable standard for discharge of persons committed as sexually dangerous persons under current Minnesota law as interpreted by the Minnesota Supreme Court. On June 27, 2014, the matter of E.T. and R.B were assigned to Judge Frank and Magistrate Judge Keyes following the show cause hearing in this class action and petitions for habeas corpus filed by E.T. and R.B. On August 11, 2014, Judge Frank declined to declare that confinement of E.T and R.B in MSOP was unconstitutional and refused to order the immediate discharge of E.T and immediate transfer of R.B. 6 F. Supp. 3d 958.

On September 9, 2014, Judge Frank denied the defendants' request for a jury trial and granted the plaintiffs' request for a bench trial. 2014 WL 4446270.

On October 27, 2014, Judge Davis stayed all “current and future civil rights cases brought by an individual or group of individuals who has or have been civilly committed to the MSOP that are sufficiently related to [Karsjens] . . . pending resolution of the [Karsjens] litigation.” On October 28, 2014, the plaintiffs filed a third amended complaint.

On November 6, 2014, the U.S. Court of Appeals for the Eighth Circuit denied the defendants' petition for review.

On February 2, 2015, Judge Frank denied defendants' partial motion to dismiss the third amended complaint as well as the defendants' motion for summary judgment. 2015 WL 420013. Then, on February 9, 2015, the bench trial commenced before Judge Frank.

After the six-week bench trial, on June 17, 2015, Judge Frank granted the plaintiffs' request for declaratory relief with respect to counts I and II of their third amended complaint. Judge Frank found that Minnesota's civil commitment statutory scheme was unconstitutional, both on its face and as applied. Applying the strict scrutiny standard, the court concluded that Minnesota's civil commitment statutory scheme was not narrowly tailored and was punitive without the criminal justice system's safeguards. The court also held that the determination that the MSOP and its governing civil commitment statutes were unconstitutional, concluding phase one of the trial. Judge Frank ordered that counts VIII, IX, and X, would be tried in the second phase of trial. 109 F. Supp. 3d 1139. Judge Frank also issued an opinion granting the plaintiffs’ motion to dismiss counts IV, XI, XII, and XIII of the third amended complaint on the condition that the motion to dismiss be with prejudice. The order gave the plaintiffs the option to withdraw their motion if they did not wish to accept the condition of prejudice. 2015 WL 3755930. He had previously deferred ruling on the matter in an April 24, 2015 order. 2015 WL 1893191.

On July 22, 2015 Judge Frank denied the defendants' request for certification of appeal. 2015 WL 4478972. The next day, Judge Frank designated former Chief Justice Eric J. Magnuson as Special Master to oversee the injunctive relief imposed by the court. The special master would have “authority to monitor compliance with the remedies” and “authority to implement and enforce the injunctive relief imposed by the court and to mediate any dispute between the parties with regard to the implementation of the remedies.”

On August 7, 2015 Judge Frank denied various news agencies their request to obtain court records to intervene for the limited purpose of asserting public access to court proceedings. 2015 BL 254617.

On August 10, 2015, Judge Frank granted the plaintiffs' motion to dismiss counts IV, XI, XII, and XIII of the third amended complaint with prejudice, and overruled objections filed by plaintiff class members. On August 20, 2015, a further amended stay order was entered, staying all current and future civil rights cases sufficiently related to this case, pending resolution of the appeal.

On October 29, 2015, Judge Frank entered an interim injunctive relief order, requiring the defendants to conduct independent risk and phase placement reevaluation of all current patients at the MSOP. These independent risk assessments aimed to determine whether each patient (1) continued to meet the constitutional standard for commitment as set forth in Call v. Gomez, 535 N.W.2d 312 (Minn. 1995); (2) could be appropriately transferred or provisionally discharged; (3) could be housed in or monitored by a less restrictive alternative; and (4) was in the proper treatment phase. The defendants were required to complete these assessments within 30 days. 2015 WL 6561712.

On October 29, 2015, the defendants filed an appeal to the Eighth Circuit regarding the interim relief order. Accordingly, on November 23, 2015, Judge Frank denied defendants' motion to stay or suspend the interim order, pending the Eighth Circuit appeal. 2015 WL 7432333. The Eighth Circuit granted the defendants' motion for a temporary administrative stay on December 2, 2015. The Circuit Court heard oral argument on April 12, 2016.

Back in the district court, on April 14, 2016, the Court Chief Judge John R. Tunheim lifted the 2012 stays 16 individual cases. He held that these cases “were not integral” to the relief orders in Karjsens. All other cases not identified remained stayed under previous district-wide stay orders.

On January 3, 2017, the Eighth Circuit reversed the district court’s ruling and vacated the injunctive relief order from October 2015. It found that the district court applied an incorrect standard of scrutiny when it considered the plaintiffs’ due process claims. Specifically, the Eighth Circuit posited that a proper standard was whether MCTA bared a rational relationship to a legitimate government purpose and not the strict scrutiny standard that the district court applied. 845 F.3d 394 (8th Cir. 2017). It remanded the case to district court “for further proceedings on the remaining claims in the Third Amended Complaint.” Id. As a result of this ruling, the plaintiffs filed a motion for rehearing en banc on January 31, 2017. This motion was denied on February 22, 2017.

On March 14, 2017, the District Court Judge Donovan W. Frank ordered a temporary stay pending the parties’ submission on whether the case and other stayed cases with similar claims should remain stayed pending further appeal, and the next steps in this case if the claims are not stayed.

On May 3, 2017, Judge Frank again stayed the case pending the plaintiffs’ motion for certiorari in the Supreme Court as to the Eight Circuit's January 3rd ruling. At that point, the following claims remained open in the case:

- Fourteenth Amendment Failure to Provide Treatment

- Fourteenth Amendment Freedom from Punishment

- Fourteenth Amendment Denial of Less Restrictive Alternatives

- Fourteenth Amendment Freedom from Inhumane Treatment

- First and Fourteenth Amendment Religious Freedom

- First Amendment Free Speech and Association

- Fourth Amendment Search and Seizure

2017 WL 1743511.

Judge Frank stayed the case for an additional 60 days on August 16, 2017.

On October 2, 2017, the Supreme Court denied certiorari, refusing to hear the case. 2017 WL 2266349.

In light of the Eighth Circuit's opinion, on December 8, 2017, the defendant's filed a motion for summary judgment as to the following claims contained in the plaintiffs' third amended complaint: First Amendment Free Speech and Association, First and Fourteenth Amendment Religious Freedom, Fourth Amendment Search and Seizure.

On August 23, 2018, Judge Frank addressed the remaining claims as a result of the Eighth Circuit’s decision and the defendant's renewed motion for summary judgment. The court ultimately granted the defendant's motion for summary judgment, dismissing the surviving claims from the Third Amended Complaint without prejudice, as well as dismissing the remaining four remaining earlier claims, also without prejudice. The court dismissed the early claims (Fourteenth Amendment failure to provide treatment, freedom from punishment, denial of less restrictive alternatives, and freedom from inhumane treatment). The district court did so in accordance with the Eighth Circuit's opinion and the rational basis standard for liability they articulated: conduct must be conscience-shocking to support substantive due process liability. Additionally, the district court was bound by the Eighth Circuit’s decision to conclude that the defendants were not liable under the Fourteenth Amendment for failing to provide less restrictive alternatives to the plaintiff class.

Regarding the surviving claims from the Third Amended Complaint, the district court dismissed them due to several factors. For the First and Fourteenth Amendment Religious Freedom claim, the court concluded that the defendant was entitled to summary judgment due to the fact that even if the plaintiffs could establish that the defendants’ policies respecting religion impose a substantial burden on the class members’ religious practices, the plaintiffs failed to identify record evidence by which a jury could conclude that the MSOP’s policies applied to the class as a whole are not reasonably related to legitimate therapeutic and institutional interests. In evaluating the plaintiff's First Amendment freedom of speech and association claim, the court reasoned defendants were entitled to summary judgment because the plaintiffs failed to raise a genuine dispute over whether the defendants’ policies implicating speech and association are an unreasonable restriction on plaintiffs’ First Amendment rights as applied to the class as a whole.

Furthermore, the court granted summary judgment on the plaintiffs' Fourth Amendment search and seizure claim because the record lacked substantial evidence showing that MSOP’s policies were unnecessary or unjustified responses to problems of institutional security, and thus the court was bound to defer to defendants’ institutional judgment regarding the need for particular search policies.

As a result of this district court order, the plaintiffs appealed to the Eighth Circuit on October 24, 2018. The appeal was limited to the court's dismissal of the following Fourteenth Amendment claims: failure to provide treatment, freedom from punishment, denial of less restrictive alternatives, and freedom from inhumane treatment. On December 20, 2018, Judge John R. Tunheim issued a stay pending the outcome of the plaintiff's appeal to the Eighth Circuit.

The appeals court issued their opinion on February 24, 2021, affirming in part and vacating in part the district court's judgment. 988 F.3d 1047. In the opinion written by Judge Shepherd, the appeals court concluded that the district court employed the wrong legal standard in evaluating some of these claims. First, however, the appeals court approved the district court's dismissal of the claim of constitutionally inadequate treatment, holding that the trial court correctly applied the "shocks the conscious" standard. The court next addressed the three remaining conditions of confinement claims — punishment, denial of less restrictive alternatives, and freedom from inhumane treatment. The court held that the district court should have applied the deliberate indifference standard to the inadequate medical care claim. Regarding the other conditions of confinement claims, the court held that they should be evaluated under the Bell standard which typically applies to pretrial detainees. Here, the court held that it should be applied to civil confinement and the trial court must review the totality of circumstances of plaintiffs class' confinement.

The Eighth Circuit remanded the case to the district court, where it is ongoing as of March 31, 2021.

Summary Authors

Emily Goldman (2/28/2013)

Priyah Kaul (11/9/2014)

Lakshmi Gopal (5/14/2016)

MJ Koo (10/16/2017)

Michael Beech (3/23/2019)

Lily Sawyer-Kaplan (3/31/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5044229/parties/karsjens-v-minnesota-department-of-human-services/


Judge(s)

Benton, William Duane (Missouri)

Boylan, Arthur J. (Minnesota)

Colloton, Steven M. (Iowa)

Davis, Michael James (Minnesota)

Frank, Donovan W. (Minnesota)

Kelly, Jane Louise (Iowa)

Keyes, Jeffrey J. (Minnesota)

Murphy, Diana E. (Minnesota)

Shepherd, Bobby E. (Arkansas)

Tunheim, John R. (Minnesota)

Judge(s)

Benton, William Duane (Missouri)

Boylan, Arthur J. (Minnesota)

Colloton, Steven M. (Iowa)

Davis, Michael James (Minnesota)

Frank, Donovan W. (Minnesota)

Kelly, Jane Louise (Iowa)

Keyes, Jeffrey J. (Minnesota)

Murphy, Diana E. (Minnesota)

Shepherd, Bobby E. (Arkansas)

Tunheim, John R. (Minnesota)

Attorneys(s) for Plaintiff

Borrelli, Raina (Minnesota)

Challeen, Raina (Minnesota)

Gluek, Karla (Minnesota)

Goodwin, David A. (Minnesota)

Gustafson, Daniel E. (Minnesota)

Massopust, Lucia G. (Minnesota)

Taubel, Eric S. (Minnesota)

Attorneys(s) for Defendant

Alpert, Steven H (Minnesota)

Brennaman, Nathan A (Minnesota)

Figueroa, Ricardo (Minnesota)

Ikeda, Scott H (Minnesota)

Kieley, Max H. (Minnesota)

Welle, Adam H. (Minnesota)

Winter, Aaron (Minnesota)

Other Attorney(s)

Anfinson, Mark R. (Minnesota)

Borger, John P. (Minnesota)

Janus, Eric S. (Minnesota)

Kirwin, John L. (Minnesota)

Lebedoff, Randy M. (Minnesota)

Nelson, Teresa (New York)

Nickitas, Peter J. (Minnesota)

Walker, Mary Andreleita (Minnesota)

Expert/Monitor/Master

Magnuson, Eric J. (Minnesota)

Documents in the Clearinghouse

Document

Docket [PACER]

Karsjens et al v. Minnesota Department of Human Services

Jan. 2, 2019 Docket
1

Complaint for Violation of Civil Rights Pursuant to 42 IJ.S.C. 1983

Dec. 15, 2011 Complaint
18

Memorandum of Law in Support of Application for Temporary Restraining Order/Preliminary Injunction

Karsjens v. Minnesota Department of Human Services

Dec. 21, 2011 Pleading / Motion / Brief
145

Amended Order (staying cases)

Karsjens v. Minnesota Department of Human Services

Feb. 6, 2012 Order/Opinion
151

First Amended Complaint

Karsjens v. Minnesota Department of Human Services

March 15, 2012 Complaint
177

Plaintiffs' Memorandum of Law in Support of Motion for Restraining Order

Karsjens v. Minnesota Department of Human Services

June 28, 2012 Pleading / Motion / Brief
173

Plaintiffs' Memorandum of Law in support of Amended Motion for Class Certification

Karsjens v. Minnesota Department of Human Services

June 28, 2012 Pleading / Motion / Brief
192

State Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification

Karsjens v. Minnesota Department of Human Services

July 13, 2012 Pleading / Motion / Brief
204

Agreement

July 24, 2012 Settlement Agreement
203

Order Certifying Class Pursuant to Rule 23(b)(2)

283 F.R.D. 514, 2012 WL 3024440, 2012 U.S.Dist.LEXIS 102972

July 24, 2012 Order/Opinion

Resources

Title Description External URL

Twenty Years after Kansas v. Hendricks: Reforming the Kansas Sexual Predator Treatment Program Is Crucial to the Future of the Kansas Sexually Violent Predator Act

Justine T. Koehle

Part I of this article gives a brief overview of the KSVPA's statutory provisions and its constitutionality as ruled in Kansas v. Hendricks. Part II describes the current state of the KSVPA by provid… Sept. 1, 2011

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5044229/karsjens-v-minnesota-department-of-human-services/

Last updated May 12, 2022

ECF Number Description Date Link
1

42 USC 1983 COMPLAINT against All Defendants, filed by James Allen Barber, David LeRoy Gamble, Kevin Scott Karsjens, Bradley Wayne Foster, Kaine Joseph Braun, Brian Keith Hausfeld, Kenny S. Daywitt, James John Rud, Kevin John DeVillion, Dennis Richard Steiner, Christopher John Thuringer, Craig Allen Bolte, Peter Gerard Lonergan, James Matthew Noyer, Sr. Assigned to Judge Donovan W. Frank per 5th Division Prisoner List and referred to Magistrate Judge Janie S. Mayeron. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter) (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
203

ORDER CERTIFYING CLASS PURSUANT TO FEDERAL RULE 23(b)(2). This case is certified as a class action under Federal Rule of Civil Procedure 23(b)(2). The Class consists of the following: All patients currently civilly committed in the Minnesota Sex Offender Program pursuant to Minn. Stat. § 253B. Gustafson Gluek PLLC shall serve as Class Counsel, and the above-named Plaintiffs shall serve as Class Representatives. (Written Opinion). Signed by Judge Donovan W. Frank on 7/24/2012. (BJS)

July 24, 2012 RECAP
2

Application to Proceed In Forma Pauperis in District Court filed by James Allen Barber. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
205

ORDER. 1. Plaintiffs' Application for Temporary Restraining Order/Preliminary (Doc. No. 16 ) is DENIED as follows: a. To the extent the motion seeks relief with respect to legal storage space and searches, the motion is DENIED AS MOOT. b. In al l other respects, the motion is DENIED. 2. Plaintiffs' Motion for Appointment of Counsel (Doc. No. 23 ) is DENIED AS MOOT. 3. Plaintiffs' Motion for Temporary Restraining Order (Doc. No. 175 ) is DENIED AS MOOT. 4. Unnamed Plaintiffs' Motions in Opposition to Plaintiffs' Motion for Class Certification (Doc. Nos. [183-91], [195-96]) are DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 7/26/2012. (BJS)

July 26, 2012 RECAP
280

ORDER.1. Hollis J. Larson's Motion to Intervene or to Consolidate (Doc. No. 207 ) is DENIED. 2. Hollis J. Larson's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. No. 218 ) is DENIED. 3. Unnamed Plaintiffs' Motion to Create Sub-Class (Doc. No. 220 ) is DENIED. 4. Unnamed Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. No. 222 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 12/4/2012. (BJS)(cc: Hollis J. Larson) Modified on 12/5/2012 (akl).

Dec. 5, 2012 RECAP
3

Application to Proceed In Forma Pauperis in District Court filed by Craig Allen Bolte. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
4

Application to Proceed In Forma Pauperis in District Court filed by Kaine Joseph Braun. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
400

ORDER. 1. The ACLU and Dean Janus shall file their amicus brief on or before December 27, 2013. 2. Plaintiffs and Defendants may each file a written response to the amicus brief on or before January 3, 2014. (Written Opinion). Signed by Judge Donovan W. Frank on 12/11/2013. (BJS) cc: Pro Se Movants. Modified on 12/11/2013 (las).

Dec. 11, 2013 RECAP
427

MEMORANDUM OPINION AND ORDER. 1. Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. No. 374 ) is GRANTED IN PART and DENIED IN PART as follows: a. With respect to Plaintiffs' equal protection claim, the motion i s GRANTED. Count X of Plaintiffs' Second Amended Complaint (Doc. No. 301 ) is thus DISMISSED. b. To the extent Plaintiffs may seek monetary damages against Defendants in their official capacities, the motion is GRANTED. c. In all other respects , Defendants' motion is DENIED. 2. Plaintiffs' Motion for Declaratory Judgment (Doc. No. 360 ) is DENIED WITHOUT PREJUDICE. 3. Plaintiffs' Motion for Preliminary Injunction to Provide Less Restrictive Alternative Treatment Facilities and to Re-Evaluate Class Members (Doc. No. 364 ) is DENIED WITHOUT PREJUDICE. 4. Plaintiffs' Motion for Preliminary Injunction for the Appointment of a Special Master to Oversee the Minnesota Sex Offender Program (Doc. No. 368 ) is DENIED WITH OUT PREJUDICE. 5. With respect to the experts appointed pursuant to Rule 706 of the Federal Rules of Evidence (see Doc. No. 393 ), the Court orders the following: a. The experts' work shall include, but shall not be limited to: i. Evaluating al l class members54 and issuing reports and recommendations as to: (a) each class members current level of dangerousness (current risk assessment), including whether each class member poses a "real, continuing, and serious danger to society" ; (b) whether each class member is actually eligible for discharge under the applicable statutory provisions or otherwise no longer meets the statutory criteria for initial commitment (or should otherwise be recommended for provisional or full discha rge); (c) whether each class member is placed in the appropriate phase of treatment; (d) whether each class member would be a candidate for a less restrictive facility; and (e) the specific need and parameters for less restrictive alternative facilit ies,55 including the operation of such facilities; ii. Reviewing the current treatment program at MSOP and its implementation to determine whether the program meets professional standards of care and treatment for sex offenders and issuing recommenda tions as to any changes that should be made to the treatment program; and iii. Reviewing current MSOP policies and practices with regard to the conditions of confinement to determine whether they satisfy the balance between safety concerns and a ther apeutic environment and making recommendations for any changes that should be made to the conditions of confinement at both the Moose Lake and St. Peter facility. iv. The experts shall also report to the Court on the following: (a) the current profes sional standards for the treatment of civilly committed sex offenders and the extent to which MSOP's program design reflects those standards; (b) how other civil commitment programs have reintegrated civilly committed sex offenders into the comm unity, with particular attention to community relations; and (c) how other states, if any, are providing treatment and management of lower-functioning civilly committed sex offenders in community settings. b. The experts' work shall begin with, but will in no way be limited to, the following: i. Reviewing MSOP treatment and screening program/process; ii. Conducting site visits to St. Peter and Moose Lake and interviewing patients and staff at each facility; iii. Reviewing 20% to 25 7; of resident charts, with the aim of reviewing 100% of charts for those individuals in the Assisted Living Unit, the Alternative Program Units, and the Young Adult Unit; and iv. Identifying residents who are not receiving appropriate services and making recommendations related thereto. c. In conducting their work, the experts shall have complete and unrestricted access to documents they may require, including the reference documents and MSOP policy documents set forth above as well as pa tient files and clinical documents. d. Within fourteen (14) days of the date of this Order, and in the format requested by the experts, Defendants shall provide the experts with all of the reference documents and MSOP policies and procedures request ed by the experts. (See Doc. No. 422 .) e. DHS, and all officials, staff, consultants, and contractors for DHS, are directed to provide the appointed experts with full and complete access to all residents and staff as well as all relevant informatio n, documents, and records requested by the experts. Such access shall include, but shall not be limited to, the following: i. Access to all patient files and related documentation; ii. Access to meet with, interview, or otherwise communicate with MSO P patients; iii. Access to all MSOP policymakers as well as all policies and related documentation; iv. Access to review the current conditions of confinement at MSOP and related policies and rules; v. Access to review all aspects of the current trea tment program provided by MSOP; and vi. Access to privately meet with, interview, or otherwise communicate with DHS officials, staff, consultants, and contractors for DHS. vii. DHS shall also create and provide any aggregation or analysis of data re quested by the appointed experts. f. In conducting their work, the experts may call upon the MPET members previously appointed by the Court (see Doc. No. 281 ) as well as Roberta Opheim, Minnesota State Ombudsman for Mental Health and Developmental Disabilities, as necessary. g. The experts may convene meetings, confer with relevant individuals and groups, attend case-related court proceedings, and review all documents submitted to the Court. The parties shall henceforth serve the experts with all such papers. h. The experts shall have ex parte access to the Court and its Technical Advisor for logistical and organizational purposes, subject to the limitations of Rule 706. i. To facilitate the integrity and effectiveness of the experts wo rk, their communications with one another and work product (such as draft documents, correspondence, e-mails, and conversations) shall be privileged, confidential, and not admissible. j. The experts' work will be overseen and coordinated by Magi strate Judge Jeffrey J. Keyes, with the assistance of the Court's Technical Advisor. k. The parties shall meet and confer, facilitated by the Court's Technical Advisor if necessary, to establish an interim budget deposit for the experts and a mechanism for payment. Without prejudice to subsequent adjustment, such costs shall be initially allocated to Defendants. (Written Opinion). Signed by Judge Donovan W. Frank on 2/19/2014. (BJS)

Feb. 20, 2014 RECAP
5

Application to Proceed In Forma Pauperis in District Court filed by Kenny S. Daywitt. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
6

Application to Proceed In Forma Pauperis in District Court filed by Kevin John DeVillion. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
468

ORDER TO SHOW CAUSE (Written Opinion): Show Cause Hearing set for 6/25/2014 02:00 PM in Courtroom 7C (STP) before Judge Donovan W. Frank. Show Cause Response due by 6/11/2014. Signed by Judge Donovan W. Frank on 6/2/14. (kt) (Additional attachment(s) added on 6/2/2014: # 1 SEALED Exhibit) (kt).

June 2, 2014 RECAP
7

Application to Proceed In Forma Pauperis in District Court filed by Bradley Wayne Foster. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
550

ORDER DEFINING THE PURPOSE AND SCOPE OF THE JULY 14 & 15, 2014 EVIDENTIARY HEARING. 1. Defendants' Motion in Limine for an Order Defining the Purpose and Scope of the July 14 & 15, 2014 Evidentiary Hearing (Karsjens, Civ. No. 11-3659, Doc. No. [ 541]), is GRANTED IN PART. The evidentiary hearing scheduled for July 14 and 15, 2014, is limited in scope to evidence relating to the opinions of all individuals, including the Rule 706 experts, who have issued reports or filed affidavits on E.T. an d R.B in relation to the Karsjens § 1983 action. The evidence received at this hearing can be used, if relevant, to evaluate the class action claims in the Karsjens § 1983 action. The Court reserves the right to preserve the evidence insofa r as it may pertain to the habeas matters. 2. Following the testimony as described in paragraph 1, the Court will hear argument from counsel in the Karsjens § 1983 action on Plaintiffs Motion for the Creation of an Aftercare Plan for E.T. Pursua nt to Minn. Stat. § 253D.35 (Doc. No. 526), and separately will hear argument from the parties on the two habeas petitions in Civ. No. 14-2002 and Civ. No. 14-2362, including any argument on the exhaustion issues. 3. At the hearing, the Court wo uld also like an update from counsel regarding E.T.'s July 2, 2014 SRB hearing, and an update on the current status of E.T. and R.B.s residence and living situation. Counsel should also be prepared to discuss modifying the schedule in the Karsjens § 1983 action. (Written Opinion). Signed by Judge Donovan W. Frank on 7/10/2014. (BJS)

July 10, 2014 RECAP
580

MEMORANDUM OPINION AND ORDER. 1. Plaintiff's Motion for Declaratory Judgment and to Immediately Discharge E.T. from Civil Commitment (Doc. No. 469 ) is DENIED WITHOUT PREJUDICE; 2. Plaintiffs' Motion for the Creation of an Aftercare Plan f or E.T. Pursuant to Minn. Stat. § 253D.35 (Doc. No. 526 ) is DENIED WITHOUT PREJUDICE; 3. Plaintiffs' Amended Motion for Declaratory Judgment and to Immediately Transfer R.B. to an Appropriate Treatment Facility (Doc. No. 578 ) is DENIED WITHOUT PREJUDICE; 4. Eric Terhaar's federal habeas case (Civ. No. 14-2002 (DWF/JJK)) is STAYED; 5. Rhonda Bailey's federal habeas case (Civ. No. 14-2362 (DWF/JJK)) is STAYED; 6. The parties shall meet with the Court on August 21, 2014, as previously scheduled (see Doc. No. 566), to discuss moving the trial date in this case to a date in 2014. (Written Opinion). Signed by Judge Donovan W. Frank on 8/11/2014. (BJS)

Aug. 11, 2014 RECAP
9

Application to Proceed In Forma Pauperis in District Court filed by Brian Keith Hausfeld. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
10

Application to Proceed In Forma Pauperis in District Court filed by Kevin Scott Karsjens. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
598

ORDER. IT IS HEREBY ORDERED that Defendants' request for a jury trial for Phase One 589 is DENIED and Plaintiffs' request for a bench trial for Phase One 590 is GRANTED. (Written Opinion.) Signed by Judge Donovan W. Frank on 09/09/2014. (RLB)

Sept. 9, 2014 RECAP
665

ORDER. 1. Defendants' objections (Doc. No. 650 ) to Magistrate Judge Jeffrey J.Keyes's October 28, 2014 Order are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes's October 28, 2014 Order (Doc. No. 636 ) is AFFIRMED. (Written Opinion). Signed by Judge Donovan W. Frank on 12/01/2014. (BJS)

Dec. 1, 2014 RECAP
11

Application to Proceed In Forma Pauperis in District Court filed by Peter Gerard Lonergan. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
763

ORDER. 1. Defendants' objections (Doc. No. 730 ) to Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Orders are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Text Only Order (Doc. No. 706 ) and Minute Entry (Doc. No. 705 ) are AFFIRMED. (Written Opinion). Signed by Judge Donovan W. Frank on 1/13/2015. (BJS)

Jan. 13, 2015 RECAP
12

Application to Proceed In Forma Pauperis in District Court filed by James Matthew Noyer, Sr. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
828

MEMORANDUM OPINION AND ORDER. 1. Defendants' Partial Motion to Dismiss the Third Amended Complaint (Doc. No. 651 ) is DENIED. 2. Defendants' Motion for Summary Judgment (Doc. No. 719 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 2/2/2015. (BJS)

Feb. 2, 2015 RECAP
13

Application to Proceed In Forma Pauperis in District Court filed by James John Rud. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
832

ORDER. 1. Plaintiffs' Motion in Limine to Exclude Irrelevant Evidence Relating to any Class Member's Sexual Offenses Prior to his or her Civil Commitment or Evidence Related to any Class Member's Civil Commitment Proceeding (Doc. No. 798 ) is DENIED. Such evidence is presumptively admissible subject to the Court's analysis of Article 4 and Rule 104 of the Federal Rules of Evidence. 2. Plaintiffs' Motion Requesting the Court to Take Judicial Notice of Documents Pertinen t to this Matter (Doc. No. 803 ) is DENIED under Rule 201. However, the following evidence is presumptively admissible pursuant to the Court's Rule 702, Rule 703, Rule 807, Rule 403, and Rule 102 analysis, subject to any objections that Defenda nts may raise at trial: (i) the State of Minnesota's Office of the Legislative Auditor's March 2011 Evaluation Report ("OLA Report"); (ii) the MSOP Program Evaluation Teams February 2013 Report ("MPET Report"); and (iii) the Sex Offender Civil Commitment Advisory Task Force's December 2012 and December 2013 Reports ("Task Force Reports"). To the extent either party believes any of the remaining evidence referenced in Plaintiffs' motion is admissi ble notwithstanding the Court's ruling, the Court reserves the right to revisit the issue of the admissibility of such evidence at or before trial. (See Order for additional information.) (Written Opinion). Signed by Judge Donovan W. Frank on 2/5/2015. (BJS)

Feb. 5, 2015 RECAP
14

Application to Proceed In Forma Pauperis in District Court filed by Dennis Richard Steiner. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
15

Application to Proceed In Forma Pauperis in District Court filed by Christopher John Thuringer. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
914

Proposed Findings of Fact by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David Leroy Gamble, Jr, Brian K. Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer. (Gustafson, Daniel) (Entered: 03/27/2015)

March 27, 2015 PACER
915

ORDER. Pursuant to and under the terms of the Order of March 17, 2014 (Doc. No. 434), the Clerk shall forthwith issue checks to: 1. Naomi Freeman in the amount of $28,862.02; 2. Deborah McCulloch in the amount of $28,438.55; 3. Michael Miner in the amount of $24,692.43; and 4. Robin J. Wilson in the amount of $27,458.60. The checks are to be drawn on this litigations Registry account. Signed by Judge Donovan W. Frank on 3/31/2015. (Attachments: # 1 Attachment A)(BJS) (Entered: 03/31/2015)

March 31, 2015 PACER
16

Application for Temporary Restraining Order/Preliminary by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David LeRoy Gamble, Brian Keith Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
916

ORDER REGARDING DEFENDANTS' DEPOSITION DESIGNATIONS OF SUSAN PERSONS' DEPOSITION. Signed by Judge Donovan W. Frank on 3/31/2015. (Attachments: # 1 Exhibit(s) A)(BJS) (Entered: 03/31/2015)

March 31, 2015 PACER
17

EXHIBITS A−C re 16 Application for Temporary Restraining Order/Preliminary by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David LeRoy Gamble, Brian Keith Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer. (akl) QC'd on 2/2/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
917

DEPOSITION TRANSCRIPT of Proceedings held on August 11, 2014 (Dennis L. Benson) (Redacted). (Gustafson, Daniel) (Entered: 04/02/2015)

April 2, 2015 PACER
18

MEMORANDUM in Support re 16 Application for Temporary Restraining Order/Preliminary filed by All Plaintiffs. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
918

ORDER. Pursuant to and under the terms of the Order of March 17, 2014, the Clerk shall forthwith issue a check to David Ferleger in the amount of $6,976.70 drawn on this litigations Registry account. Signed by Judge Donovan W. Frank on 4/6/2015. (Attachments: # 1 Exhibit(s) A)(BJS) (Entered: 04/06/2015)

April 6, 2015 PACER
19

AFFIDAVIT of Kevin Scott Karsjens in SUPPORT OF 16 Application for Temporary Restraining Order/Preliminary filed by All Plaintiffs. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
919

DEPOSITION TRANSCRIPT of Proceedings held on October 17, 2014. (Brennaman, Nathan) (Entered: 04/07/2015)

April 7, 2015 PACER
20

AFFIDAVIT of Kevin Scott Karsjens in SUPPORT OF 16 Application for Temporary Restraining Order/Preliminary filed by All Plaintiffs. (Attachments: # 1 Exhibits 1−2, # 2 Exhibit 3)(akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
21

AFFIDAVIT of David Leroy Gamble, Jr. in SUPPORT OF 16 Application for Temporary Restraining Order/Preliminary filed by All Plaintiffs. (akl) QC'd on 2/2/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
920

PLAINTIFFS' FINAL EXHIBIT LIST. (BJS) (Entered: 04/08/2015)

April 8, 2015 PACER
921

DEFENDANTS' FINAL EXHIBIT LIST. (BJS) (Entered: 04/08/2015)

April 8, 2015 PACER
22

AFFIDAVIT of Peter Gerard Lonergan in SUPPORT OF 16 Application for Temporary Restraining Order/Preliminary filed by All Plaintiffs. (akl) QC'd on 2/2/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
922

RECEIPT number 437400 in the amount of $27,458.60. (kt) QC'd on 4/16/2015 (JAM). (Entered: 04/10/2015)

April 10, 2015 PACER
23

MOTION for Appointment of Counsel by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David LeRoy Gamble, Brian Keith Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer. (akl) QC'd on 2/1/2012 (jmf). (Entered: 12/22/2011)

Dec. 21, 2011
24

MOTION for Class Certification Pursuant to Rule 23 by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
923

RECEIPT number 437381 in the amount of $24,692.43. (kt) QC'd on 4/16/2015 (JAM). (Entered: 04/10/2015)

April 10, 2015 PACER
26

INDEX of Affidavits filed. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
924

RECEIPT number 437393 in the amount of $28,438.55. (kt) QC'd on 4/16/2015 (JAM). (Entered: 04/10/2015)

April 10, 2015 PACER
925

MOTION to Dismiss/General Counts IV, XI, XII, and XIII of the Third Amended Complaint Without Prejudice by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David Leroy Gamble, Jr, Brian K. Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer. (Gustafson, Daniel) (Entered: 04/10/2015)

April 10, 2015 PACER
27

AFFIDAVIT of Terry Carlson Allynn by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
28

AFFIDAVIT of Kenneth Eugene Andreoff by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
926

NOTICE OF HEARING ON MOTION 925 MOTION to Dismiss/General Counts IV, XI, XII, and XIII of the Third Amended Complaint Without Prejudice : at date and time to be determined. (Gustafson, Daniel) (Entered: 04/10/2015)

April 10, 2015 PACER
927

MEMORANDUM in Support re 925 MOTION to Dismiss/General Counts IV, XI, XII, and XIII of the Third Amended Complaint Without Prejudice filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel) (Entered: 04/10/2015)

April 10, 2015 PACER
29

AFFIDAVIT of David B. Baker by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
30

AFFIDAVIT of David Allan Bauer by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
928

MEET and CONFER STATEMENT re 925 Motion to Dismiss/General, filed by All Plaintiffs. (Gustafson, Daniel) (Entered: 04/10/2015)

April 10, 2015 PACER
31

AFFIDAVIT of Kevin Aaron Beaulieu by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
929

CERTIFICATE OF SERVICE ON PROPOSED ORDER by James Allen Barber, Craig Allen Bolte, Kaine Joseph Braun, Kenny S. Daywitt, Kevin John DeVillion, Bradley Wayne Foster, David Leroy Gamble, Jr, Brian K. Hausfeld, Kevin Scott Karsjens, Peter Gerard Lonergan, James Matthew Noyer, Sr, James John Rud, Dennis Richard Steiner, Christopher John Thuringer re 925 MOTION to Dismiss/General Counts IV, XI, XII, and XIII of the Third Amended Complaint Without Prejudice (Gustafson, Daniel) (Entered: 04/10/2015)

April 10, 2015 PACER
930

BRIEF Defendants' Closing Argument. (Brennaman, Nathan) (Entered: 04/10/2015)

April 10, 2015 PACER
32

AFFIDAVIT of Carmichael Deangello Bedford by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
931

Proposed Findings of Fact by Dennis Benson, Jannine Hebert, Lucinda Jesson, Nancy Johnston, Tom Lundquist, Kevin Moser, Ann Zimmerman. (Brennaman, Nathan) (Entered: 04/10/2015)

April 10, 2015 PACER
33

AFFIDAVIT of Raymond John Booth, Jr. by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
932

TEXT ONLY ORDER: On April 10, 2015, Plaintiffs filed a Motion to Dismiss Counts IV, XI, XII, and XIII of the Third Amended Complaint. (Doc. No. 925 ). Defendants shall file a response to Plaintiffs' motion by 4:30 p.m. on April 17, 2015. Upon receipt of Defendants' response, the Court will issue an Order without hearing. Signed by Judge Donovan W. Frank on 4/13/2015. (BJS) (Entered: 04/13/2015)

April 13, 2015 PACER
34

AFFIDAVIT of Bill Mathew Boots by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
933

BRIEF (Plaintiffs' Reply Closing Argument). (Gustafson, Daniel) (Entered: 04/15/2015)

April 15, 2015 PACER
35

AFFIDAVIT of Tony Blaylock by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
934

RECEIPT number 437396 in the amount of $28,862.02. (kt) (Entered: 04/17/2015)

April 16, 2015 PACER
36

AFFIDAVIT of Michael Allen Brandt by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
935

NOTICE of Filing of Official Transcript. This filing has 25 transcript(s) associated with it. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
37

AFFIDAVIT of Roland Joseph Brant by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
936

TRANSCRIPT of Court Trial, Volume I, held on 02/09/2015 before Judge Donovan W. Frank. (218 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
38

AFFIDAVIT of Joel Dewayne Brown by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
937

TRANSCRIPT of Court Trial, Volume II, held on 02/10/2015 before Judge Donovan W. Frank. (246 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
39

AFFIDAVIT of Joshua Jeremiah Brundy by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
938

TRANSCRIPT of Court Trial, Volume III, held on 02/11/2015 before Judge Donovan W. Frank. (223 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
40

AFFIDAVIT of Earl Buckner Jr. by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
939

TRANSCRIPT of Court Trial, Volume IV held on 02/12/2015 before Judge Donovan W. Frank. (221 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
41

AFFIDAVIT of William Oliver Busick by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
940

TRANSCRIPT of Court Trial, Volume V, held on 02/13/2015 before Judge Donovan W. Frank. (179 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
42

AFFIDAVIT of Brent Lee Cichon by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
941

TRANSCRIPT of Court Trial, Volume VI, held on 02/17/2015 before Judge Donovan W. Frank. (248 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
43

AFFIDAVIT of Jodie Ray Clews by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
942

TRANSCRIPT of Court Trial, Volume VII, held on 02/18/2015 before Judge Donovan W. Frank. (287 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
44

AFFIDAVIT of Samuel David Custer by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
943

TRANSCRIPT of Court Trial, Volume VIII, held on 02/19/2015 before Judge Donovan W. Frank. (274 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
45

AFFIDAVIT of Larry Franklin Dean by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
46

AFFIDAVIT of Kenneth Wayne Delaney by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
944

TRANSCRIPT of Court Trial, Volume IX, held on 02/20/2015 before Judge Donovan W. Frank. (270 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
47

AFFIDAVIT of Antonio Robert Difronzo by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
945

TRANSCRIPT of Court Trial, Volume X, held on 02/23/2015 before Judge Donovan W. Frank. (240 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
48

AFFIDAVIT of Daniel Doege by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
946

TRANSCRIPT of Court Trial, Volume XI, held on 02/24/2015 before Judge Donovan W. Frank. (265 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
50

AFFIDAVIT of Timothy Felix Dougherty by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
947

TRANSCRIPT of Court Trial, Volume XII held on 02/25/2015 before Judge Donovan W. Frank. (258 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
51

AFFIDAVIT of Steven L. Edwards by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
948

TRANSCRIPT of Court Trial, Volume XIII, held on 02/26/2015 before Judge Donovan W. Frank. (147 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
52

AFFIDAVIT of Francis James Farley by Kevin Scott Karsjens. (jam) QC'd on 1/11/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
949

TRANSCRIPT of Court Trial, Volume XIV held on 02/27/2015 before Judge Donovan W. Frank. (121 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER
53

AFFIDAVIT of Joshua Adam Gardner by Kevin Scott Karsjens. (jam) QC'd on 1/12/2012 (jmf). (Entered: 01/09/2012)

Jan. 6, 2012
950

TRANSCRIPT of Court Trial, Volume XV, held on 03/02/2015 before Judge Donovan W. Frank. (232 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 04/17/2015)

April 17, 2015 PACER

State / Territory: Minnesota

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 21, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All patients currently civilly committed in the Minnesota Sex Offender Program pursuant to Min.. Stat. § 253B.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Minnesota Department of Human Services, State

Minnesota Sex Offender Program, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Reporting

Monitor/Master

Issues

General:

Assault/abuse by residents/inmates/students

Conditions of confinement

Confidentiality

Counseling

Discharge & termination plans

Disciplinary procedures

Disciplinary segregation

Disparate Treatment

Food service / nutrition / hydration

Grievance Procedures

Law library access

Library (non-law) access

Loss or damage to property

Mail

Over/Unlawful Detention

Parents (visitation, involvement)

Pattern or Practice

Phone

Records Disclosure

Recreation / Exercise

Rehabilitation

Religious programs / policies

Restraints : physical

Sanitation / living conditions

Search policies

Sex offender regulation

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Strip search policy

Totality of conditions

Visiting

Work release or work assignments

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run