Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. Mike-Lopez

United States District Court, D. Minnesota

December 20, 2018

Ronnie Jackson; Joshua Jones; Shane Kringen; Marvin Franco-Morales; Mitchell Osterloh; and Jesse Plentyhorse, Plaintiffs,
v.
Sharlene Mike-Lopez; Diane Medchill; Kathy Reid; Bruce Reiser; David Reishus; Michelle Smith; and Tom Roy, sued in their Individual capacities, Defendants.

          Ronnie J. Jackson, OID #239471, Joshua Jones, OID #222266, Shane Kringen, OID # 178338, Marvin Franco-Morales, OID #250893, Jesse Plentyhorse, OID #235901, and Mitchell Osterloh, OID #214579, pro se Plaintiffs.

          Lindsay LaVoie, Esq., Assistant Attorney General, counsel for Defendants.

          REPORT AND RECOMMENDATION AND ORDER

          BECKY R. THORSON, UNITED STATES MAGISTRATE JUDGE.

         Pro se Plaintiffs Ronnie Jackson, Joshua Jones, Shane Kringen, Marvin Franco-Morales, Mitchell Osterloh, and Jesse Plentyhorse, inmates in the custody of the Minnesota Department of Corrections, bring claims for violations of their constitutional rights under 42 U.S.C. § 1983. (Doc. No. 1, Compl.) Plaintiffs allege claims for unconstitutional conditions of confinement and deliberate indifference to their medical needs in violation of the Eighth Amendment, denial of due process under the Fourteenth Amendment, and deprivation of religious freedom in violation of the First Amendment. (See id.)

         Defendants move to dismiss. See Fed. R. Civ. P. 12(b)(6); (Doc. No. 61). Also before the Court is a motion for spoliation and an emergency motion for fines and sanctions filed by Plaintiff Jackson. (Doc. Nos. 75, 84.) This Court recommends that the motion to dismiss be granted in part and denied in part. The Court will deny the other two motions.

         I. Background

         Plaintiffs, according to their Complaint, [1] were incarcerated at MCF-OPH between May 1, 2017 and July 31, 2017. (Compl. 1-2.) During that timeframe, Plaintiffs were housed in MCF-OPH's Administrative Control Unit (“ACU”) for violating DOC policies and rules. (Id. at 1-2.) Plaintiffs allege that at the end of their segregation sentences, Defendants voted to place them on Administrative Control Status (“ACS”) and required them to participate in a mental health treatment program conducted by an unlicensed DOC mental health staff member. (Id. at 6.)

         Plaintiffs allege that they were in segregation for a minimum of eighty days. (Id.) Plaintiffs further allege that while in segregation, they experienced the following conditions that they consider dehumaninzing:

• Twenty-three hours a day in a very small cell (sometimes a complete twenty-four hours);
• Segregation cells with two solid steel doors;
• Only human contact was with DOC staff;
• Only allowed video visitations and not in-person visitations;
• Artificial lights;
• The location of the showers and toilets did not afford sufficient privacy;
• Other segregation offenders were loud due to mental illness;
• Feces and other bodily fluids on the walls and ceilings;
• Cells were generally unclean;
• Laundry returned unclean;
• Mattresses had stains they did not cause;
• Not allowed to attend preferred religious ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.