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Parker v. Clark

United States District Court, D. Minnesota

January 4, 2019

DeAngelo Parker; Regina Coleman, Chiquita Thomas; Gregory Coleman; Ksean Ewing; Maurice Robison; Percy Robison; Regina Coleman, as guardian, o/b/o Renetta Robison, ward and protected person; and Chiquita Thomas, as guardian, o/b/o D'Shawna Patterson, a minor Plaintiffs,
v.
Matthew Clark, Scott Gerlicher, Bruce Folkens, Michael Friestleben, James Novak, David Gray, Clinton Letch, David Mathes, Charles Adams, Jonathan Kingsbury, Nicolas Torborg, Cory Taylor, Christopher Cushenbery, Adam Hakanson, Grant Johnson, Mark Kaspszak, Oscar Macias, George Judkins, Cole Peterson, Joseph Klimmek, Blayne Lehner, Michael Nordin, and John Does 1-20, and Jane Does 21-40, personally, individually, in their capacity as Minneapolis police officers and agents, and the City of Minneapolis, Defendants.

          REPORT AND RECOMMENDATION FOR APPROVAL AND DISTRIBUTION OF SETTLEMENT AS TO A MINOR, D'SHAWNA PATTERSON, AND A WARD, REANETTA ROBISON

          DAVID T. SCHULTZ UNITED STATES MAGISTRATE JUDGE.

         This matter came before this Court on a Petition for Approval and Distribution of Settlement (“Petition”). Based on all of the files, records, submissions and arguments, herein, the Court makes the following:

         FINDINGS OF FACT

1. The Petition was brought for D'Shawna Patterson ("Patterson"), a minor, by her parent Chiquita Thomas (“Thomas”), and by Reanetta Robison (“Robison”), a ward, by her guardian Regina Coleman (“Coleman”).
2. Thomas and Coleman are together referred to as Petitioners herein, and they each verified the Petition.
3. Thomas is the parent and natural guardian of a minor, Patterson, born January 29, 2006.
4. Coleman is the court-appointed general guardian of Robison, born May 21, 1986, in Hennepin County Court File No. 27-GC-PR-07-549 (“Guardianship Action.”).
5. Through Petitioners, Patterson and Robison are plaintiffs in this case.
6. In this case, Patterson and Robison, together with seven other plaintiffs, alleged that on February 21, 2015, they were wrongfully detained by the Defendants. Defendants answered and denied the allegations as set forth in the answers.
7. At a settlement conference with Magistrate Judge David Schultz, on November 19, 2018, all of the plaintiffs, including Petitioners on behalf of Patterson and Robison, agreed to settle their claims in exchange for payment of $67, 500.00, which, after payment of attorney fees and costs of $22, 500.00, would result in net recovery to the plaintiffs of $45, 000.00, or $5, 000.00 per plaintiff as plaintiffs agreed to share the settlement proceeds equally.
8. Neither Patterson nor Robison sought any medical attention related to the February 21, 2015 detention, and therefore there are no medical records showing the nature of any injury, recovery, or prognosis, and thus there are no collateral sources covering any part of the principal or derivative claims, and no subrogation rights asserted.

         Based on the foregoing Findings of Fact, the Court reaches the following:

         CONCLUSIONS OF LAW

1. Section 540.08 of the Minnesota Statutes states that “[a] parent may maintain an action for the injury of a minor son or daughter, ” and that a “guardian may ...

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