United States District Court, D. Minnesota
Ronnie Jackson; Joshua Jones; Shane Kringen; Marvin Franco-Morales; Mitchell Osterloh; and Jesse Plentyhorse, Plaintiffs,
Sharlene Mike-Lopez; Diane Medchill; Kathy Reid; Bruce Reiser; David Reishus; Michelle Smith; and Tom Roy, sued in their Individual capacities, Defendants.
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
REPORT AND RECOMMENDATION AND ORDER
R. THORSON, UNITED STATES MAGISTRATE JUDGE.
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.)
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.
according to their Complaint,  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
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
• Artificial lights;
• The location of the showers and toilets did not afford
• Other segregation offenders were loud due to mental
• Feces and other bodily fluids on the walls and
• Cells were generally unclean;
• Laundry returned unclean;
• Mattresses had stains they did not cause;
• Not allowed to attend preferred religious ...