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Hines v. State

United States District Court, D. Minnesota

May 10, 2019

Fredrick DeWayne Hines, Plaintiff,
v.
State of Minnesota; Minnesota Department of Corrections; Lori Swanson; Mike Dayton; Tom Roy; John Hoffman; Shane E. Wernsing; Lon Augdahl; Stephan Cranna; Jessica Buberl; James Clint Zuleger; “Commissioner of Human Services John or Jane Doe”; Michelle Smith; David Rheisus; Sherilinda Wheeler; Deborah MacNeill; Eric Nelson; Hannah Lindeman; Elizabeth Beth Strunk; Mary Spaniol; Lindsey Jennelle; Cynthia Herme; Diane Medchill; Carlirae Ronning; Mary A. Bergstad; Matthew Marsh; Jenny MacNeill; Andy DuBois; Nanette Larson; Mike Hermerding; John Melvin; Barb Manor; Amber Swanson; Elaine Crowern; “Jane Doe Skinny Minnie, RN MCF-OPH”; Carla Thompson; Kathy Reid; Brenda Smith; Katherine Uhl; Jamie Peterson; “John Doe, RN MCF-OPH”; Coleen Loucks; Danielle Kenyon; Truman Clate; Dana Hill; Bronson Austrenge; Brian Bradley; “Lt. Unknown Hagen CX-5 & MHU-CX-4 PREA Investigator”; “Lt. Unknown Monfur CX-5 & MHU-CX-4 PREA Investigator”; Chad Oye; “Lt. N. Witter PREA Investigator”; Jeffrey Gutzmer; “Sgt. S. Swanson CX-5”; Tim Farmer; Matthew Johnson; Glen Lisowy; “Sgt. Unknown Bikney CX-5”; “Sgt. Unknown Grandstand CX-5”; “Sgt. Unknown Foster CX-4”; Lon Hovak; Craig Thacker; Christopher Ewald; Matthew Cash; “Unknown Speilman (CX-5 & MHU-CX-4)”; “D. Strickland (CX-5)”; “B. Lor (CX-5)”; “Unknown Giraud (CX-5 & MHU-CX-4)”; “Unknown Uhl (CX-5)”; Bret Rangstich; “S. Stanley (CX-5 & MHU-CX-4)”; “Unknown Kosh (CX-5 & MHU-CX-4)”; Victor Torres; “Unknown Jackson (CX-5 & CX-4)”; Jerry Thor; Adam Perry; “Unknown Berts (CX-5 & MHU-CX-4)”; “J. Priase (CX-5; CX-4)”; Briah Rhor; Carlton Perry; “J. Fredrick (CX-5 & MHU-CX-4)”; “Unknown Minke (CX-5 & MHU-CX-4)”; “F. Wilson (CX-5 & MHU-CX-4)”; “Unknown Antilla (CX-5 & MHU-CX-4)”; “Unknown Minneto (CX-5 & MHU-CX-4)”; “Unknown Graves (CX-5 & MHU-CX-4)”; “K. Fisher (CX-5 & MHU-CX-4)”; “C. Smith (CX-5, CX-4)”; Mic Klin; Brandon Huynh; “J. Smith (CX-5, CX-4)”; Anthony Crea; “Unknown O'Neill (ACU, CX-5 & CX-4)”; Doug Witte; Todd Bergstad; “Unknown O'Neill (CX-5-MHU, CX-4 & ACU-Unit)”; “A. Yates (CX-5 & CX-4)”; James Toughy; and “Inmate (Drama) CX-4”; Defendants.

          Fredrick Dewayne Hines, MCF-Oak Park Heights, pro se Plaintiff.

          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

          BECKY R. THORSON, UNITED STATES MAGISTRATE JUDGE.

         In this 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.

         I. Background

         Plaintiff 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.)[1] They are sued in their individual and official capacities. (Id.)

         Plaintiff's 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 victim.
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; MacNeill[2]while 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 yrs. old.
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 . . .[3]
76. Def. Augdahl indicated that I would be ‘forced' to take this medicine over my religious rights and beliefs against mind & mood altering medicines, ...

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