County District Court File No. 09-CV-16-761
Anthony Favors, Moose Lake, Minnesota (pro se appellant)
Swanson, Attorney General, Brandon Boese, Assistant Attorney
General, St. Paul, Minnesota (for respondents)
Considered and decided by Reyes, Presiding Judge; Schellhas,
Judge; and Reilly, Judge.
Statutes section 144.651 (2016) does not create a private
cause of action in favor of a civilly committed patient at an
inpatient facility against employees of the Minnesota
Department of Human Services.
Joseph Anthony Favors challenges the district court's
dismissal of his claim against respondent-employees of the
Minnesota Department of Human Services, arguing that the
district court erred by holding that (1) Minnesota Statutes
section 144.651 does not create a private cause of action and
(2) appellant cannot establish a substantive due-process
violation. Because Minnesota Statutes section 144.651 does
not create a private cause of action and appellant failed to
assert a cognizable substantive due-process claim, we affirm.
Joseph Anthony Favors is civilly committed to the Minnesota
Sex Offender Program (MSOP) for an indeterminate period of
time as a sexually dangerous person and a sexually
psychopathic person. In April 2016, appellant filed a
complaint against respondent-employees of the Minnesota
Department of Human Services/MSOP, alleging that respondents
violated his constitutional and statutory rights under 42
U.S.C. § 1983 and Minnesota Statutes section 144.651, by
denying his request for a cassette recorder. Respondents
sought dismissal of the complaint for failure to state a
claim upon which relief may be granted, arguing that section
144.651 does not create a private cause of action and that
appellant failed to support his constitutional claim. The
district court agreed and dismissed appellant's claims
with prejudice; this appeal follows.
Minnesota Statutes section 144.651 create a private cause of
appellant state a viable ...