United States District Court, D. Minnesota
Fredrick Dewayne Hines, MCF-Oak Park Heights, pro se
Anthony J. Novak, Esq., Larson King, LLP, counsel for
Defendants Lon Augdahl, M.D., Stephen Craane, M.D., and
Deborah MacNeill, M.D.
REPORT AND RECOMMENDATION
R. THORSON, UNITED STATES MAGISTRATE JUDGE.
action, pro se Plaintiff Fredrick Dewayne Hines, a
prisoner confined at the Minnesota Correctional Facility
(“MCF”) in Oak Park Heights, Minnesota, alleges
claims under federal and state law against nearly one hundred
defendants. (Doc. No. 1, Compl.) Three of those
Defendants--Lon Augdahl, Stephen Craane, and Deborah MacNeill
(the “Centurion Defendants”)--move to dismiss for
failure to state a claim. (Doc. No. 35.) For the reasons
stated below, this Court recommends that the Centurion
Defendants' motion be denied.
filed this action on November 26, 2018. (See Compl.)
He presents a variety of allegations, including that he was
raped by guards and inmates, that he was denied medical
treatment made necessary by these attacks, and that he was
falsely diagnosed with mental illnesses and is being given
improper medications. (See id.) According to
Plaintiff's Complaint, Defendant Augdahl is a medical
doctor, Defendant MacNeill is a mental health worker, and
Defendant Craane is a physician at MCF-Oak Park Heights.
(Id. ¶¶ 12, 13, 18.) They are sued in
their individual and official capacities. (Id.)
Complaint is twenty-eight pages long and includes over one
hundred numbered paragraphs. (See Compl.) The
allegations in the Complaint that mention the Centurion
Defendants are as follows:
29. Elizabeth (Beth) Strunk worked with M. Bergstad and they
along with Dr. Deborah MacNeill . . . gave an assessment of
delusional disorder, some including Hannah Lindeman
approached and talked to me like I was a crazy person,
unconcerned and [equating] a mental health issue to a rape
42. Mental health Dr. Deborah MacNeill is a [doctor] Hines
never ever spoke with, while housed in CX-4. No. one ever
introduced themselves as Dr. MacNeill, and her assessment is
based on 2-yrs of psychological torture to induce negative
responses from Hines being raped and tortured.
51. Dr. Lon Augdahl, came and did a minor mental assessment,
witnessed me playing chess, and when asked ‘how do you
[equate] such mental health findings, ['] he stated
‘that's why I am here.'
60. Both Gutzmer & Lisowy used Eric Nelson & Deborah
MacNeill; to re-articulate the already known false mental
health diagnosis of provisional delusional disorder,
persecutory type; premorbid paranoid personality disorder,
antisocial personality disorder (per Deborah MacNeill,
8/14/2018). The [district court] validated psychological
torture, in Hines v. Smith et al., 16-cv-3797.
61. Hines now believe several mental health workers are
trying to validate a mental health issue to accommodate this
erroneous civil commitment. Lindeman; Nelson;
MacNeillwhile trying to stop Hines from exposing
false imprisonment, and getting out of prison, for a rape of
child under 13, he never raped a child alleged victim was 49
63. Hines was given [attorney] Jessica Burberl who aided and
works with the mental health unit. Helping them civil commit
Hines refusing to withdraw when asked as [attorney]. Told
Hines you can't represent yourself, I'm your
[attorney] she said, and never objected during hearing, of
Dr. Shane E. Wernsing claims validating what Dr. Deborah
MacNeill, and Eric Nelson placed before the Court. When he
never spoke with Hines to validate their findings, because D.
MacNeill doesn't . . .
76. Def. Augdahl indicated that I would be ‘forced'
to take this medicine over my religious rights and beliefs
against mind & mood altering medicines, ...