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)

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Documents in the Clearinghouse

Document

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 2023

Docket

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

Last updated April 1, 2024, 10:14 p.m.

ECF Number Description Date Link Date / Link
1

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)

Feb. 13, 2023

Feb. 13, 2023

PACER
2

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)

Feb. 13, 2023

Feb. 13, 2023

PACER
3

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)

Feb. 13, 2023

Feb. 13, 2023

PACER
4

(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)

Feb. 14, 2023

Feb. 14, 2023

PACER
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)

Feb. 21, 2023

Feb. 21, 2023

PACER
6

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)

Feb. 21, 2023

Feb. 21, 2023

PACER
7

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

View on PACER

Feb. 21, 2023

Feb. 21, 2023

RECAP
8

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)

Feb. 21, 2023

Feb. 21, 2023

PACER
9

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)

Feb. 21, 2023

Feb. 21, 2023

PACER
10

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)

Feb. 21, 2023

Feb. 21, 2023

PACER
11

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

Feb. 24, 2023

Feb. 24, 2023

PACER
12

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

March 7, 2023

March 7, 2023

Clearinghouse
13

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

March 8, 2023

March 8, 2023

PACER

Order on Motion to Dismiss/General

March 8, 2023

March 8, 2023

PACER
14

(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)

March 8, 2023

March 8, 2023

PACER
15

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)

March 16, 2023

March 16, 2023

PACER
16

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

March 16, 2023

March 16, 2023

PACER
17

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)

March 17, 2023

March 17, 2023

PACER
18

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

March 23, 2023

March 23, 2023

RECAP
19

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)

April 10, 2023

April 10, 2023

PACER
20

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

View on PACER

April 10, 2023

April 10, 2023

PACER
21

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)

April 10, 2023

April 10, 2023

PACER
22

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

April 10, 2023

April 10, 2023

PACER
23

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)

April 10, 2023

April 10, 2023

PACER
24

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)

April 10, 2023

April 10, 2023

PACER
25

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

April 10, 2023

April 10, 2023

PACER
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)

April 10, 2023

April 10, 2023

PACER
27

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)

April 10, 2023

April 10, 2023

PACER
28

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

View on PACER

April 10, 2023

April 10, 2023

RECAP
29

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)

April 10, 2023

April 10, 2023

PACER
30

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)

April 10, 2023

April 10, 2023

PACER
31

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)

May 1, 2023

May 1, 2023

PACER
32

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

View on PACER

May 1, 2023

May 1, 2023

PACER
33

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

May 1, 2023

May 1, 2023

PACER
34

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)

May 1, 2023

May 1, 2023

PACER
35

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

View on PACER

May 1, 2023

May 1, 2023

PACER
36

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

May 1, 2023

May 1, 2023

PACER
37

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)

May 1, 2023

May 1, 2023

PACER
38

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

View on PACER

May 1, 2023

May 1, 2023

RECAP
39

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

May 10, 2023

May 10, 2023

RECAP
40

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)

May 12, 2023

May 12, 2023

PACER
41

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

View on PACER

May 15, 2023

May 15, 2023

PACER
42

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)

May 22, 2023

May 22, 2023

RECAP
43

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)

June 15, 2023

June 15, 2023

PACER
44

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

July 21, 2023

July 21, 2023

PACER
45

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

July 21, 2023

July 21, 2023

RECAP
46

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)

Aug. 16, 2023

Aug. 16, 2023

PACER
47

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)

Sept. 14, 2023

Sept. 14, 2023

Clearinghouse
48

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

View on PACER

Sept. 25, 2023

Sept. 25, 2023

RECAP
49

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

Sept. 28, 2023

Sept. 28, 2023

RECAP
50

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)

Oct. 19, 2023

Oct. 19, 2023

PACER
51

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

Oct. 19, 2023

Oct. 19, 2023

PACER
52

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)

Oct. 23, 2023

Oct. 23, 2023

PACER
53

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

Oct. 26, 2023

Oct. 26, 2023

RECAP
54

(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)

Nov. 2, 2023

Nov. 2, 2023

PACER
55

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)

Nov. 2, 2023

Nov. 2, 2023

PACER
56

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)

Nov. 22, 2023

Nov. 22, 2023

PACER
57

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

Dec. 4, 2023

Dec. 4, 2023

PACER
58

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)

Dec. 15, 2023

Dec. 15, 2023

PACER
59

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

Jan. 3, 2024

Jan. 3, 2024

RECAP
60

(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)

Jan. 3, 2024

Jan. 3, 2024

PACER
61

(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)

Jan. 25, 2024

Jan. 25, 2024

PACER

Order in Response to Letter/Request/E-mail

Jan. 25, 2024

Jan. 25, 2024

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Jail Conditions

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 of Minnesota Department of Human Services (St. Paul, Ramsey), State

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

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