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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,
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
T. SCHULTZ UNITED STATES MAGISTRATE JUDGE.
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:
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
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
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.
on the foregoing Findings of Fact, the Court reaches the
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