United States District Court, D. Minnesota
John L. Corrigan, Jr., Plaintiff,
City of Savage, a municipal entity; Kyle Klapperick, Police Officer; Alexandria Marklowitz, Police Officer; Amber Bernier, a private individual; Nelson Rhodus, Assistant Scott County Attorney; Christian Wilton, Judge; Lynn Hanson, Probation Officer; Gabe Kerkaert, Police Officer; Edward Culbreth, Officer; Ashley Uthe, Police Officer; Luke Hennen, Scott County Sheriff; and Scott County, a municipality, Defendants.
L. Corrigan, Jr., Shakopee, MN, pro se.
Kathryn Iverson Landrum, Assistant Attorney General,
Minnesota Attorney General's Office, St. Paul, MN, on
behalf of Judge Christian Wilton.
P. Kurtz, Esq., League of Minnesota Cities, St. Paul, MN, on
behalf of City of Savage, Gabe Kerkaert, Edward Culbreth,
Kyle Klapperick, Alexandria Marklowitz, and Ashley Uthe.
L. Yunker, Esq., and William J. Everett, Esq., Everett &
VanderWeil, P.L.L.P., Rosemount, MN, on behalf of Nelson
Rhodus, Lynn Hanson, Luke Hennen, and Scott County.
MEMORANDUM OPINION AND ORDER
MONTGOMERY U.S. DISTRICT JUDGE
matter is before the undersigned United States District Judge
for a ruling on Plaintiff John L. Corrigan, Jr.'s
(“Corrigan”) Objection [Docket No. 86] to
Magistrate Judge Becky R. Thorson's January 14, 2019
Report and Recommendation [Docket No. 85]
(“R&R”). In the R&R, Judge Thorson
recommends granting Defendant Judge Christian Wilton's
(“Judge Wilton”) Motion to Dismiss Amended
Complaint [Docket No. 35]; granting Defendants City of
Savage, Police Officer Gabe Kerkaert (“Officer
Kerkaert”), Police Officer Edward Culbreth
(“Officer Culbreth”), Police Officer Kyle
Klapperick (“Officer Klapperick”), Police Officer
Alexandria Marklowitz (“Officer Marklowitz”), and
Police Officer Ashley Uthe's (“Officer Uthe”)
(collectively, the “Savage City Defendants”)
Motion for Judgment on the Pleadings [Docket No. 45];
granting Defendants Scott County, Assistant Scott County
Attorney Nelson Rhodus (“Prosecutor Rhodus”),
Scott County Sheriff Luke Hennen (“Sheriff
Hennen”), and Probation Officer Lynn Hanson's
(“Probation Officer Hanson”) (collectively, the
“Scott County Defendants”) Motion for Judgment on
the Pleadings [Docket No. 50]; granting Defendant Amber
Bernier's (“Bernier”) Motion for Judgment on
the Pleadings [Docket No. 69]; and dismissing Corrigan's
Amended Complaint [Docket No. 23].
to Corrigan's Objection have been filed by Judge Wilton
[Docket No. 87], the Savage City Defendants [Docket No. 88],
and the Scott County Defendants [Docket No. 89].
de novo review of the record, and for the reasons stated
below, the Objection is overruled and the R&R is adopted.
factual background of this case is set forth in the R&R
and is incorporated by reference. Briefly, on August 3, 2016,
Corrigan was driving on the freeway when his car nearly
collided with Bernier's. Am. Compl. ¶ 19. The
parties made eye contact, and Corrigan began deliberately
following Bernier's car. Id. ¶ 20. After
Corrigan had followed Bernier for 15 minutes, Bernier stopped
her car and told Corrigan that she would call the police if
he did not stop following her. Id. ¶¶
20-21. Corrigan responded that the police should be called.
Id. ¶ 21.
called 911 and was directed to a nearby police station.
Id. ¶ 22. Corrigan followed Bernier's car
into the police station parking lot, parked, and got out of
his car. Id. Officer Kerkaert arrived in a squad car
with lights flashing and parked behind Corrigan's
vehicle. Id. ¶ 23. Corrigan placed his passport
on the hood of his car and Officer Kerkaert picked up the
passport. Id. Officers Culbreth and Klapperick
arrived and, together with Officer Kerkaert, began asking
Corrigan questions. Id. ¶ 24. Officers
Marklowitz and Uthe also arrived and interviewed Bernier.
Id. ¶ 26. The officers cited Corrigan for fifth
degree assault and returned his passport to him. Id.
¶ 27. Prosecutor Rhodus later amended the charge to
stalking under Minn. Stat. § 609.749. Id.
Wilton presided over Corrigan's criminal jury trial.
Id. ¶¶ 36-37. The jury returned a verdict
finding Corrigan to be guilty of stalking. Id. Judge
Wilton ordered the Scott County probation office to prepare a
Pre-Sentence Investigation Report (“PSI Report”).
Id. ¶ 37. Probation Officer Hanson prepared the
PSI Report, which concluded that Corrigan would not be
amenable to probation and recommended a sentence of 120 days
in the Scott County Jail. Id. ¶ 38. Judge
Wilton imposed a 120-day sentence as recommended in the PSI
Report. Corrigan appealed his conviction and sentence, and
the Minnesota Court of Appeals affirmed. See State v.
Corrigan, No. A17-1145, 2018 WL 3214271 (Minn.Ct.App.
July 2, 2018). The Minnesota Supreme Court denied certiorari.
filed this 42 U.S.C. § 1983 lawsuit on August 2, 2018,
alleging federal constitutional claims against all Defendants
and asserting state law claims against Scott County and the
Savage City Defendants. Id. ¶¶ 42-50. The
R&R recommends dismissing the federal constitutional
claims with prejudice and dismissing the state law claims
Standard of Review
reviewing a magistrate judge's report and recommendation
on a dispositive matter, the district court “shall make
a de novo determination of those portions of the report or
specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636(b)(1)(C);
see also D. Minn. L.R. 72.2(b). A district judge
“may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate