Case: Chairse v. State of Minnesota Department of Human Services

0:23-cv-00355 | U.S. District Court for the District of Minnesota

Filed Date: Feb. 13, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of the Minnesota Department of Human Services’ alleged failure to transfer civilly committed inmates to a state-operated treatment facility within the timeframe prescribed by state law. On January 23, 2024, a person who was civilly committed while in state custody filed this lawsuit in Minnesota’s Fourth Judicial District (Hennepin County). The case was ultimately removed to the U.S. District Court for the District of Minnesota. The plaintiff sued the Minnesota Department of…

This case arose out of the Minnesota Department of Human Services’ alleged failure to transfer civilly committed inmates to a state-operated treatment facility within the timeframe prescribed by state law. On January 23, 2024, a person who was civilly committed while in state custody filed this lawsuit in Minnesota’s Fourth Judicial District (Hennepin County). The case was ultimately removed to the U.S. District Court for the District of Minnesota. The plaintiff sued the Minnesota Department of Human Services and its Commissioner under 42 U.S.C. § 1983, the Minnesota Constitution, and state tort law. Represented by the private counsel, the plaintiff sought class certification, a writ of mandamus, declaratory relief, injunctive relief, damages, and attorney’s fees. The case was assigned to District Judge G Eric C. Tostrud and Magistrate Judge Elizabeth Cowan Wright.

After the case was removed to federal court, a second plaintiff joined and filed an amended complaint on March 7, 2023. In their amended complaint, the plaintiffs noted that Minn. Stat. § 253B.10, subdiv. 1(b) provided certain procedural requirements when a person was civilly committed. Specifically, the statute requires that “[p]atients [who qualify under the statute] must be admitted to a state-operated treatment program within 48 hours.” Despite this 48-hour requirement, the complaint alleged that there were more than 60 inmates who had “waited weeks or months” before being transferred to a state-run treatment facility.

The original plaintiff, a Minnesota resident, was initially incarcerated at the Ramsey County Adult Detention Center. In October 2022, the plaintiff was civilly committed as a person who posed a risk of harm due to his mental illness and chemical dependence. But the plaintiff was not transferred to a state-run facility within 48 hours of his civil commitment; instead, he remained at the Hennepin County Jail until December 2022. During that time, the plaintiff was denied his mental health medications and kept in a suicide unit where he was rarely let out of his cell.

The amended complaint alleged eight counts against the defendants, who were required to comply with Minn. Stat. § 253B.10. First, the defendants deprived the plaintiffs of their substantive due process rights under the U.S. Constitution by failing to transfer them to a state-operated treatment facility. Second, the defendants violated the plaintiffs’ procedural due process rights by failing to provide the plaintiffs with notice or an opportunity to be heard. Third, the defendants violated the plaintiffs’ due process rights in the Minnesota Constitution. Fifth, the plaintiffs alleged that the defendants are liable for negligence, false imprisonment, and intentional infliction of emotional distress.

The plaintiffs sought class certification on behalf of (1) all persons who were detained in any jail or prison for more than 48 hours but were since admitted to a state-run treatment facility; and (2) all persons who were still detained in any jail or prison for more than 48 hours after having been ordered civilly committed. The complaint also sought a writ of mandamus that “compels Defendants to comply with the law and awards [the plaintiffs and proposed class members] any damages resulting from Defendants’ failure to do so.”

On April 10, 2023, the defendants filed their motion to dismiss. Before the court ruled on the motion, the plaintiffs voluntarily withdrew their motion for class certification. On August 16, 2023, a related case concerning the 48-hour rule was re-assigned to Judge Tostrud. See Dalen v. Harpstead, No. 34-cv-1877.

On August 16, 2023, Judge Tostrud partially granted and partially denied the defendant’s motion to dismiss. See 2023 WL 598425. Specifically, the court denied the plaintiffs’ substantive due process claim, as the plaintiff did not show that the 48-hour rule was “deeply rooted in this Nation’s history and tradition,” and the alleged conduct was not “conscience-shocking.” In its opinion, the court noted that the state tort law claims were “legally implausible.”  The court further added that the plaintiffs could not seek damages against the Commissioner, as the complaint did not explain the Commissioner’s individual involvement in the deprivation of the plaintiffs’ constitutional rights. However, the court concluded that the plaintiffs sufficiently alleged a procedural due process claim, although it was “difficult to envision what available equitable relief or remedies might redress Plaintiffs’ procedural injuries.”

After the defendants filed their answer to the complaint, one of the two plaintiffs stipulated to dismiss their claims without prejudice. The parties proceeded to file motions related to discovery. In January 2024, the court issued an order in Dalen v. Harpstead, the related case concerning the 48-hour rule. There, the court dismissed all of the plaintiff’s federal claims against the Commissioner and denied the plaintiff’s motion for a preliminary injunction. See 2024 WL 169109. The court directed the parties in this case to meet and confer about how the order in Dalen affected the parties’ positions. The parties submitted an update to the court via e-mail. The case is ongoing.

Summary Authors

Andrew Del Vecchio (4/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66808109/parties/chairse-v-state-of-minnesota-department-of-human-services/

Judge(s)
Attorney for Plaintiff

Leyderman, Zorislav R (Minnesota)

Attorney for Defendant

Anderson, Emily Beth (Minnesota)

Boese, Brandon L (Minnesota)

Doktori, Sarah (Minnesota)

Ikeda, Scott H (Minnesota)

Documents in the Clearinghouse

27-CV-23-960

Docket

Minnesota state trial court

Jan. 23, 2023

Jan. 23, 2023

Docket

27-CV-23-960

Class Action Complaint

Minnesota state trial court

Jan. 23, 2023

Jan. 23, 2023

Complaint
12

0:23-cv-00355

First Amended Class Action Complaint Jury Trial Demanded

March 7, 2023

March 7, 2023

Complaint
47

0:23-cv-00355

Opinion and Order

Sept. 14, 2023

Sept. 14, 2023

Order/Opinion

2023 WL 5984251

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66808109/chairse-v-state-of-minnesota-department-of-human-services/

Last updated July 12, 2026, 4:30 a.m.

ECF Number Date Description Link
1 Feb. 13, 2023

NOTICE OF REMOVAL from Hennepin, case number 27-CV-23-960 (filing fee $ 402, receipt number AMNDC-10072023) filed by Minnesota Commissioner of Human Services, Department of Human Service State of Minnesota. No summons requested. (Attachments: # 1 Exhibit(s) 1 (Summons and Complaint), # 2 Exhibit(s) 2 (Notice of Judicial Assignment), # 3 Exhibit(s) 3 (Notice to Remove Judge), # 4 Exhibit(s) 4 (Notice of Judicial Reassignment), # 5 Notice of Filing of Notice of Removal, # 6 Civil Cover Sheet Ex. 5) (Anderson, Emily) (Entered: 02/13/2023)

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2 Feb. 13, 2023

CERTIFICATE OF SERVICE by Department of Human Service State of Minnesota, Minnesota Commissioner of Human Services re 1 Notice of Removal,, (Anderson, Emily) (Entered: 02/13/2023)

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3 Feb. 13, 2023

EXHIBIT 5A re 1 Notice of Removal,, filed by Department of Human Service State of Minnesota, Minnesota Commissioner of Human Services. (Attachments: # 1 Certificate of Service)(Anderson, Emily) (Entered: 02/13/2023)

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4 Feb. 14, 2023

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per 3rd/4th Civil Rights list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 23-cv-355 ECT/ECW.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMG) (Entered: 02/14/2023)

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5 Feb. 21, 2023

MOTION to Dismiss/General Plaintiff's Complaint filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Ulman, Gabriel) (Entered: 02/21/2023)

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6 Feb. 21, 2023

NOTICE OF HEARING ON MOTION 5 MOTION to Dismiss/General Plaintiff's Complaint : Date and time to be determined. (Ulman, Gabriel) (Entered: 02/21/2023)

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7 Feb. 21, 2023

MEMORANDUM in Support re 5 MOTION to Dismiss/General Plaintiff's Complaint filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ulman, Gabriel) (Entered: 02/21/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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8 Feb. 21, 2023

MEET and CONFER STATEMENT re 5 Motion to Dismiss/General filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Ulman, Gabriel) (Entered: 02/21/2023)

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9 Feb. 21, 2023

PROPOSED ORDER TO JUDGE re 5 MOTION to Dismiss/General Plaintiff's Complaint filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Ulman, Gabriel) (Entered: 02/21/2023)

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10 Feb. 21, 2023

AMENDED NOTICE of Hearing on Motion: 5 MOTION to Dismiss/General Plaintiff's Complaint : Motion Hearing set for 5/22/2023 at 09:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Winter, Aaron) (Entered: 02/21/2023)

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11 Feb. 24, 2023

NOTICE by O'Shea Chairse of Related Case (Phillips, Timothy) (Entered: 02/24/2023)

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12 March 7, 2023

AMENDED COMPLAINT against All Defendants. filed by O'Shea Chairse. Filer requests summons issued. (Leyderman, Zorislav) (Entered: 03/07/2023)

Clearinghouse
13 March 8, 2023

Summons Issued as to Jodi Harpstead, State of Minnesota Department of Human Services. (ACH) (Entered: 03/08/2023)

RECAP
14 March 8, 2023

(Text-only) Order: Defendants removed this case to this court from Hennepin County District Court on February 13, 2023, ECF No. 1, and then filed a motion to dismiss on February 21, ECF No. 5. That motion is scheduled to be heard on Monday, May 22. ECF No. 10. Plaintiffs, however, have since filed an amended complaint (on March 7) as of right under Fed. R. Civ. P. 15(a)(1)(B). ECF No. 12. The amended complaint adds parties, claims, and allegations. Therefore, Defendants' motion to dismiss [ECF No. 5] is DENIED as moot. Defendants are, of course, free to file a successive motion with respect to the amended complaint. Because there remains sufficient time between now and the originally scheduled hearing date to fully brief any such successive motion in compliance with LR 7.1(c), the Court will hold the original May 22 date for the purpose of a hearing on any filed motion. Signed by Judge Eric C. Tostrud on 3/8/2023. (RMM) (Entered: 03/08/2023)

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March 8, 2023

Order on Motion to Dismiss/General

15 March 16, 2023

STIPULATION re 12 Amended Complaint to Extend Time to Respond to Plaintiffs' Amended Complaint by Jodi Harpstead, State of Minnesota Department of Human Services. Jointly Signed by O'Shea Chairse, Sean Burgess, Minnesota Department of Human Services, and Jodi Harpstead. (Ulman, Gabriel) (Entered: 03/16/2023)

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16 March 16, 2023

PROPOSED ORDER TO JUDGE re 15 Stipulation,. (Ulman, Gabriel) (Entered: 03/16/2023)

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17 March 17, 2023

ORDER on 15 Stipulation, Defendants shall have until and including April 10, 2023 to answer or otherwise respond to the Amended Complaint. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/17/2023.(TMA) (Entered: 03/17/2023)

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18 March 23, 2023

NOTICE OF ATTORNEY SUBSTITUTION as CO-COUNSEL for Jodi Harpstead, State of Minnesota Department of Human Services. (Anderson, Emily) (Entered: 03/23/2023)

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19 April 10, 2023

WITHDRAWN PER 39 LETTER. MOTION to Certify Class filed by Sean Burgess, O'Shea Chairse. (Phillips, Timothy) Modified text/links on 5/11/2023 (ACH). (Entered: 04/10/2023)

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20 April 10, 2023

MEMORANDUM in Support re 19 MOTION to Certify Class filed by Sean Burgess, O'Shea Chairse. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Phillips, Timothy) (Entered: 04/10/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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21 April 10, 2023

NOTICE OF HEARING ON MOTION 19 MOTION to Certify Class : Motion Hearing set for 5/22/2023 at 09:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Phillips, Timothy) (Entered: 04/10/2023)

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22 April 10, 2023

MEET and CONFER STATEMENT re 19 Motion to Certify Class filed by Sean Burgess, O'Shea Chairse.(Phillips, Timothy) (Entered: 04/10/2023)

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23 April 10, 2023

Declaration of O'Shea Chairse in Support of 19 MOTION to Certify Class filed by Sean Burgess, O'Shea Chairse.(Phillips, Timothy) (Entered: 04/10/2023)

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24 April 10, 2023

Declaration of Tim Phillips in Support of 19 MOTION to Certify Class filed by Sean Burgess, O'Shea Chairse. (Attachments: # 1 Exhibit(s) 1-19)(Phillips, Timothy) (Entered: 04/10/2023)

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25 April 10, 2023

PROPOSED ORDER TO JUDGE re 19 MOTION to Certify Class filed by Sean Burgess, O'Shea Chairse.(Phillips, Timothy) (Entered: 04/10/2023)

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26 April 10, 2023

MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Doktori, Sarah) (Entered: 04/10/2023)

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27 April 10, 2023

NOTICE OF HEARING ON MOTION 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) : Motion Hearing set for 5/22/2023 at 09:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Doktori, Sarah) (Entered: 04/10/2023)

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28 April 10, 2023

MEMORANDUM in Support re 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 04/10/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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29 April 10, 2023

MEET and CONFER STATEMENT re 26 Motion to Dismiss/General filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Doktori, Sarah) (Entered: 04/10/2023)

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30 April 10, 2023

PROPOSED ORDER TO JUDGE re 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Doktori, Sarah) (Entered: 04/10/2023)

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31 May 1, 2023

SEALED MEMORANDUM in Opposition re 19 MOTION to Certify Class filed by Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 05/01/2023)

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32 May 1, 2023

Redacted Document for 31 Sealed Opposition Memorandum to Class Cert. Motion filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 05/01/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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33 May 1, 2023

SEALED DECLARATION of Betsey Faerber in Opposition to 19 MOTION to Certify Class filed by Defendants.(Doktori, Sarah) (Entered: 05/01/2023)

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34 May 1, 2023

Redacted Document for 33 Sealed Faerber Declaration (in Opposition to Class Cert. Motion) filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Doktori, Sarah) (Entered: 05/01/2023)

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35 May 1, 2023

DECLARATION of Sarah Doktori in Opposition to 19 MOTION to Certify Class filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Attachments: # 1 Exhibit(s) 1-3, and 5-8)(Doktori, Sarah) (Entered: 05/01/2023)

1 Exhibit(s) 1-3, and 5-8

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36 May 1, 2023

SEALED EXHIBIT 4 to Doktori Declaration (sealed) re 35 Declaration in Opposition filed by Defendants.(Doktori, Sarah) (Entered: 05/01/2023)

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37 May 1, 2023

STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 36 Sealed Document(s) - 36 Sealed Exhibit 4 to Doktori Declaration filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Doktori, Sarah) (Entered: 05/01/2023)

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38 May 1, 2023

MEMORANDUM in Opposition re 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by Sean Burgess, O'Shea Chairse. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Leyderman, Zorislav) (Entered: 05/01/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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39 May 10, 2023

Letter re: withdrawal of motion re 19 MOTION to Certify Class . (Phillips, Timothy) (Entered: 05/10/2023)

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40 May 12, 2023

JOINT MOTION REGARDING CONTINUED SEALING re 36 Exhibit, 33 Declaration in Opposition, 31 Memorandum in Opposition to Motion (for Class Certification) filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Doktori, Sarah) (Entered: 05/12/2023)

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41 May 15, 2023

Reply to Response to Motion re 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 05/15/2023)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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42 May 22, 2023

Minute Entry for proceedings held before Judge Eric C. Tostrud: Motion Hearing held on 5/22/2023 re 26 MOTION to Dismiss/General (Defs Motion to Dismiss Amended Complaint) filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Court Reporter Tim Willette) (RMM) (Entered: 05/22/2023)

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43 June 15, 2023

ORDER granting 40 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 31, 33, and 36. Order on continued sealing becomes final on 7/13/2023 unless further timely submissions are filed. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/15/2023. (SK) (Entered: 06/15/2023)

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44 July 21, 2023

NOTICE OF ATTORNEY APPEARANCE as CO-COUNSEL for Jodi Harpstead, State of Minnesota Department of Human Services. (McGregor, Sparrowleaf) (Entered: 07/21/2023)

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45 July 21, 2023

LETTER TO DISTRICT JUDGE by Jodi Harpstead, State of Minnesota Department of Human Services . (McGregor, Sparrowleaf) (Entered: 07/21/2023)

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46 Aug. 16, 2023

ORDER OF REASSIGNMENT OF RELATED CASES that 23-cv-1877 JRT/DJF has been reassigned to Judge Eric C. Tostrud and Magistrate Judge Elizabeth Cowan Wright. Signed by Judge Eric C. Tostrud on 8/9/2023 and Judge John R. Tunheim on 8/16/23.(JME) Modified text on 8/17/2023 (ACH). (Entered: 08/16/2023)

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47 Sept. 14, 2023

OPINION AND ORDER: Defendants' Motion to Dismiss 26 is GRANTED IN PART and DENIED IN PART. See Order for specifics. (Written Opinion). Signed by Judge Eric C. Tostrud on 9/14/2023. (RMM) (Entered: 09/14/2023)

Clearinghouse
48 Sept. 25, 2023

ORDER/NOTICE: Rule 26 Meeting Report due by 10/26/2023. Pretrial Conference set for 11/2/2023 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/25/2023. (Attachments: # 1 Consent Form)(TMA) (Entered: 09/25/2023)

1 Consent Form

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49 Sept. 28, 2023

Defendants ANSWER to 12 Amended Complaint filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Boese, Brandon) (Entered: 09/28/2023)

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50 Oct. 19, 2023

STIPULATION of Dismissal of Plaintiff Sean Burgess's Claims Against Defendants by Sean Burgess. Jointly Signed by State of Minnesota Department of Human Services and Jodi Harpstead. (Phillips, Timothy) (Entered: 10/19/2023)

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51 Oct. 19, 2023

PROPOSED ORDER TO JUDGE re 50 Stipulation of Dismissal. (Phillips, Timothy) (Entered: 10/19/2023)

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52 Oct. 23, 2023

ORDER: All of Plaintiff Sean Burgess's claims are DISMISSED without prejudice, and without costs or attorneys' fees to any party. Signed by Judge Eric C. Tostrud on 10/23/2023.(RMM) (Entered: 10/23/2023)

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53 Oct. 26, 2023

REPORT of Rule 26(f) Planning Meeting. Filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Boese, Brandon) (Entered: 10/26/2023)

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54 Nov. 2, 2023

(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Elizabeth Cowan Wright on 11/2/2023: Rule 16 Pretrial Conference.Digital RecordingTelephone ConferenceTime: 9:04 a.m.9:31 a.m.Total Time: 27 minutesAPPEARANCES:For Plaintiff(s): Zorislav Leyderman; Tim PhillipsFor Defendant(s): Brandon Boese; Scott Ikeda PROCEEDINGS: Pretrial Scheduling Order to be issued. (TMA) (Entered: 11/02/2023)

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55 Nov. 2, 2023

SCHEDULING ORDER: Status Conference set for 1/3/2024 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Amended Pleadings due by 2/1/2024. Fact Discovery due by 6/7/2024. Expert Discovery due by 10/1/2024. Motions (non-disp) due 6/21/2024. Motions (disp) due by 12/2/2024. Ready for trial due by 4/1/2025. Signed by Magistrate Judge Elizabeth Cowan Wright on 11/2/2023.(TMA) (Entered: 11/02/2023)

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56 Nov. 22, 2023

STIPULATION for Protective Order by Jodi Harpstead, State of Minnesota Department of Human Services. Jointly Signed by Zorislav Leyderman and Tim Phillips for Plaintiff and Brandon Boese for Defendants. (Boese, Brandon) (Entered: 11/22/2023)

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57 Dec. 4, 2023

PROTECTIVE ORDER Signed by Magistrate Judge Elizabeth Cowan Wright on 12/4/2023.(TMA) (Entered: 12/04/2023)

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58 Dec. 15, 2023

STIPULATION (Stipulation for ESI Protocol) by Jodi Harpstead, State of Minnesota Department of Human Services. Jointly Signed by Leyderman and Phillips for Plaintiffs and Brandon Boese for Defendants. (Boese, Brandon) (Entered: 12/15/2023)

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59 Jan. 3, 2024

ORDER on 58 Stipulation. Order for ESI Protocol. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/3/2024.(TMA) (Entered: 01/03/2024)

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60 Jan. 3, 2024

(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Elizabeth Cowan Wright on 1/3/2024: Status Conference.No Digital RecordingTelephone ConferenceTime: 9:00-9:19 a.m.Total Time: 19 minutesAPPEARANCES:For Plaintiff(s): Timothy PhillipsFor Defendant(s): Brandon Boese; Scott Ikeda; Sarah Doktori PROCEEDINGS: The Court held a status conference regarding discovery and settlement discussions. No later than 14 days after an order issues on the motion to dismiss under advisement in Case No. 23-cv-01877, the parties must meet and confer regarding how the order affects this matter, including the prospect of settlement, and jointly email Cowan_Wright_Chambers@mnd.uscourts.gov providing their respective positions. The parties may request a status conference in this matter in that email. Any party may also send an ex parte email to Cowan_Wright_Chambers@mnd.uscourts.gov limited to settlement at that time. SO ORDERED. Ordered by Magistrate Judge Elizabeth Cowan Wright. (TMA) (Entered: 01/03/2024)

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61 Jan. 25, 2024

(Text-Only) ORDER in Response to E-mail. An order has issued in Case No. 23-cv-1877. The parties have requested by email an extension of their deadline to meet and confer regarding how the order affects this matter, including the prospect of settlement, and jointly email Cowan_Wright_Chambers@mnd.uscourts.gov providing their respective positions until February 27, 2024. The request is GRANTED and the joint email is now due on February 27, 2024. The parties may request a status conference in this matter in that email. Any party may also send an ex parte email to Cowan_Wright_Chambers@mnd.uscourts.gov limited to settlement at that time. Ordered by Magistrate Judge Elizabeth Cowan Wright on 1/25/2024.(TMA) (Entered: 01/25/2024)

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Jan. 25, 2024

Order in Response to Letter/Request/E-mail

62 May 1, 2024

LETTER TO DISTRICT JUDGE by Jodi Harpstead, State of Minnesota Department of Human Services . (Boese, Brandon) (Entered: 05/01/2024)

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63 June 5, 2024

Joint MOTION to Alter/Amend/Correct Other Orders 55 Scheduling Order, filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Boese, Brandon) (Entered: 06/05/2024)

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64 June 5, 2024

PROPOSED ORDER TO JUDGE re 63 Joint MOTION to Alter/Amend/Correct Other Orders 55 Scheduling Order, filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Boese, Brandon) (Entered: 06/05/2024)

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65 June 7, 2024

ORDER granting 63 Motion to Alter/Amend/Correct Other Orders Signed by Magistrate Judge Elizabeth Cowan Wright on 6/7/2024. (TMA) (Entered: 06/07/2024)

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66 June 21, 2024

Joint MOTION Amend Scheduling Order re 55 Scheduling Order, filed by Defendants for all parties. (Boese, Brandon) Modified restriction and text on 12/12/2024 (JME). (Entered: 06/21/2024)

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67 June 21, 2024

Redacted Document re: 66 Joint MOTION Amend Scheduling Order re 55 Scheduling Order filed by Jodi Harpstead, State of Minnesota Department of Human Services. (Boese, Brandon) Modified text on 6/24/2024 (MKB). (Entered: 06/21/2024)

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68 June 21, 2024

PROPOSED ORDER TO JUDGE re 67 Joint MOTION to Alter/Amend/Correct Other Orders 66 Joint MOTION Amend Scheduling Order re 55 Scheduling Order, (Redacted Joint Motion) filed by Jodi Harpstead, State of Minnesota Department of Human Services.(Boese, Brandon) (Entered: 06/21/2024)

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69 June 24, 2024

ORDER granting 66 Motion Signed by Magistrate Judge Elizabeth Cowan Wright on 6/24/2024. (TMA) (Entered: 06/24/2024)

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70 Oct. 21, 2024

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Shannon G. Elkins, this case is reassigned to her. Magistrate Judge Elizabeth Cowan Wright is no longer assigned to the case. NOTE: the new case number is 23-cv-355 ECT/SGE. Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Elkins' schedule, the parties will be contacted, and a new date will be scheduled. Magistrate Judge Elkins' practice pointers are available on the Court's website. Please contact Magistrate Judge Elkins' chambers, at 651-848-1210, for scheduling or other matters. (kt) (Entered: 10/21/2024)

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71 Oct. 28, 2024

NOTICE of Withdrawal as Attorney Leaf Dilts McGregor (Doktori, Sarah) (Entered: 10/28/2024)

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72 Oct. 28, 2024

(Text-Only) ORDER/NOTICE TO ATTORNEY. NOTICE of Non-Compliance with Local Rule 5.6 Filing Under Seal in Connection with Civil Motion Practice for Dkt. Nos. 66-67. Please file a motion in accordance with Local Rule 5.6 within 14 days of this order. Ordered by Magistrate Judge Shannon G. Elkins on 10/28/2024. (CMP) (Entered: 10/28/2024)

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73 Oct. 28, 2024

(Text-Only) ORDER/NOTICE TO ATTORNEY. On or shortly before November 25, 2024, counsel for each party are ordered to submit a CONFIDENTIAL letter of no more than three pages to the Court via email to elkins_chambers@mnd.uscourts.gov setting forth: (1) the status of the case; (2) the relative strengths and weaknesses of each partys position; (3) an update of efforts toward settlement; (4) the last settlement positions of the parties; and (5) whether a settlement conference with a private mediator or the court would be productive at this time. Counsel for the parties shall meet and confer to discuss settlement a week before the letter is due. Ordered by Magistrate Judge Shannon G. Elkins on 10/28/2024. (BH) (Entered: 10/28/2024)

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Oct. 28, 2024

Order/Notice to Attorney

74 Nov. 12, 2024

JOINT MOTION REGARDING CONTINUED SEALING re 66 Joint MOTION Amend Scheduling Order re 55 Scheduling Order, filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Boese, Brandon) (Entered: 11/12/2024)

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75 Nov. 18, 2024

(Text-Only) ORDER denying 74 Joint Motion Regarding Continued Sealing. Document Number(s) to be UNSEALED: 66. Order on continued sealing becomes final on 12/9/2024 unless further timely submissions are filed. Ordered by Magistrate Judge Shannon G. Elkins on 11/18/2024. (BH) (Entered: 11/18/2024)

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Nov. 18, 2024

Order on Joint Motion Regarding Continued Sealing

76 Nov. 27, 2024

(Text-Only) ORDER/NOTICE TO ATTORNEY. On or shortly before March 17, 2025, counsel for each party are ordered to submit a CONFIDENTIAL letter of no more than three pages to the Court via email to elkins_chambers@mnd.uscourts.gov setting forth: (1) the status of the case; (2) the relative strengths and weaknesses of each partys position; (3) an update of efforts toward settlement; (4) the last settlement positions of the parties; and (5) whether a settlement conference with a private mediator or the court would be productive at this time. Counsel for the parties shall meet and confer to discuss settlement a week before the letter is due. Ordered by Magistrate Judge Shannon G. Elkins on 11/27/2024. (HAM) (Entered: 11/27/2024)

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Nov. 27, 2024

Order/Notice to Attorney

77 Dec. 2, 2024

MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Doktori, Sarah) (Entered: 12/02/2024)

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78 Dec. 2, 2024

NOTICE OF HEARING ON MOTION 77 MOTION for Summary Judgment : Motion Hearing set for 2/10/2025 at 11:00 AM in Courtroom 7D (STP) before Judge Eric C. Tostrud. (Doktori, Sarah) (Entered: 12/02/2024)

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79 Dec. 2, 2024

MEMORANDUM in Support re 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 12/02/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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80 Dec. 2, 2024

Declaration of Dr. Maria Harmandayan, M.D. in Support of 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead.(Doktori, Sarah) (Entered: 12/02/2024)

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81 Dec. 2, 2024

Declaration of Sarah Doktori in Support of 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Attachments: # 1 Exhibit(s) 1-7)(Doktori, Sarah) (Entered: 12/02/2024)

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82 Dec. 2, 2024

PROPOSED ORDER TO JUDGE re 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead.(Doktori, Sarah) (Entered: 12/02/2024)

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83 Dec. 23, 2024

MEMORANDUM in Opposition re 77 MOTION for Summary Judgment filed by O'Shea Chairse. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Leyderman, Zorislav) (Entered: 12/23/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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84 Dec. 23, 2024

DECLARATION of Zorislav R. Leyderman in Opposition to 77 MOTION for Summary Judgment filed by O'Shea Chairse. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Leyderman, Zorislav) (Entered: 12/23/2024)

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85 Dec. 23, 2024

SEALED EXHIBIT No. 3 re 84 Declaration in Opposition filed by O. Chairse.(Leyderman, Zorislav) (Entered: 12/23/2024)

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86 Dec. 23, 2024

STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 85 Sealed Document(s) - 85 Sealed Exhibit No. 3 filed by O'Shea Chairse.(Leyderman, Zorislav) (Entered: 12/23/2024)

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87 Jan. 6, 2025

Reply to Response to Motion re 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Doktori, Sarah) (Entered: 01/06/2025)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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88 Feb. 6, 2025

LETTER TO DISTRICT JUDGE by State of Minnesota Department of Human Services, Jodi Harpstead . (Doktori, Sarah) (Entered: 02/06/2025)

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89 Feb. 10, 2025

(Text-Only) MINUTE ENTRY for proceedings held before Judge Eric C. Tostrud on 2/10/2025: Oral Arguments Motion Hearing.Court Reporter: Nancy MeyerSt. Paul Courthouse, Courtroom 7DTime: 11:00 AM - 11:45 AMTotal Time: 45 MinutesAPPEARANCES:For Plaintiff(s): Zorislav LeydermanFor Defendant(s): Scott Ikeda and Sarah Doktori PROCEEDINGS: Hearing on: 77 MOTION for Summary Judgment filed by State of Minnesota Department of Human Services, Jodi Harpstead. The motion was moved and argued. Plaintiff may file a supplemental brief not to exceed 2,500 words addressing the issues identified by the Court on or before 2/24/2025. Defendants may file a response to Plaintiff's supplemental brief not to exceed 2,500 words on or before 3/10/2025. The motion will then be taken under advisement. Order to follow. (RMM) (Entered: 02/10/2025)

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90 Feb. 24, 2025

LETTER TO DISTRICT JUDGE by O'Shea Chairse . (Leyderman, Zorislav) (Entered: 02/24/2025)

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91 March 10, 2025

LETTER TO DISTRICT JUDGE by Jodi Harpstead, State of Minnesota Department of Human Services . (Ikeda, Scott) (Entered: 03/10/2025)

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92 April 4, 2025

(Text-Only) NOTICE of Non-Compliance with Local Rule 5.6 Filing Under Seal in Connection with Civil Motion Practice for 85 Exhibit filed by attorney Zorislav R Leyderman. Please file the Joint Motion according to the rule. (BH) (Entered: 04/04/2025)

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93 May 13, 2025

(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re 85 Exhibit. On April 4, 2025, the Court entered a notice of non-compliance with LR 5.6 directing the parties to file a joint motion according to the rule. [Dkt. 92.] No motion has been filed. Plaintiff shall file a joint motion for continued sealing on or before 5/19/2025 Ordered by Magistrate Judge Shannon G. Elkins on 5/13/2025. (BH) (Entered: 05/13/2025)

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May 13, 2025

Order for Party to File Document/Respond to Court

94 May 19, 2025

JOINT MOTION REGARDING CONTINUED SEALING re 85 Exhibit 3 filed by O'Shea Chairse. (Leyderman, Zorislav) (Entered: 05/19/2025)

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Case Details

State / Territory:

Minnesota

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Mental Health (Facility)

Key Dates

Filing Date: Feb. 13, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individuals who were civilly committed while in the custody of a Minnesota county jail under criminal charges.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Withdrawn

Defendants

State

State of Minnesota Department of Human Services

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

District of Minnesota 0:23-cv-00355

Minnesota state trial court 27-CV-23-960

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Placement in mental health facilities

Recommended Citation