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Evenstad v. Herberg

United States District Court, D. Minnesota

January 10, 2014

Thomas Evenstad, Plaintiff,
v.
Bryan Herberg, Lyle Johnson, Ryan Chukuske, Stacy Michels, Shad Coyour, Robin Oulette, Nancy Johnston, Gary Grimm, and Lucinda Jesson, Defendants

Page 996

Peter J. Nickitas, Peter J. Nickitas Law Office, LLC, Minneapolis, Minnesota, for Plaintiff.

Ricardo Figueroa, Uzodima Franklin Aba-Onu, Minnesota Attorney General's Office, St. Paul, Minnesota, for Defendants.

OPINION

RICHARD H. KYLE, United States District Judge.

Page 997

MEMORANDUM OPINION AND ORDER

INTRODUCTION

In 2006, Plaintiff Thomas Evenstad was placed in the Minnesota Sex Offender Program (" MSOP" ) in St. Peter, Minnesota, pending civil commitment proceedings against him. In this action, he alleges that numerous state officials and MSOP employees violated his constitutional and statutory rights while he was in the MSOP by physically assaulting him, seizing his personal effects, denying him medical treatment, and placing him in solitary confinement in retaliation for complaining to the Commissioner of Human Services and MSOP staff about his mistreatment. He asserts seventeen claims against nine Defendants. Defendants now move to dismiss thirteen of his claims; for the reasons set forth below, their Motion will be granted in part and denied in part.

BACKGROUND

Evenstad alleges the following facts in his Amended Complaint:

In 1999, Evenstad was convicted of first degree criminal sexual conduct. He served a prison sentence for that conviction from March 1999 through June 2006. On June 8, 2006, he was transferred to the Hennepin County Workhouse for seven days and was then transferred to the

Page 998

MSOP on " judicial hold," pending civil commitment. At no time relevant to the instant action was Evenstad civilly committed to the MSOP, or a " patient," or " person in treatment" as those terms are defined with regard to the MSOP by Minnesota Statutes and Rules.

Evenstad was dissatisfied with the conditions of his confinement in the MSOP and complained many times over the course of his stay to MSOP staff, the Director of the MSOP, and the Commissioner of the Department of Human Services, which Department runs the MSOP. On November 2, 2006, he wrote a letter to the Director of the MSOP requesting a transfer in housing and provided copies of the letter to Defendants ...


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