Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pitts v. Ramsey County

United States District Court, D. Minnesota

June 26, 2019

Herbert Pitts, Plaintiff,
v.
Ramsey County, St. Paul Police Department, and Lt. Unknown, Defendants.

          REPORT & RECOMMENDATION

          Tony N. Leung United States Magistrate Judge

         I. INTRODUCTION

         This matter comes before the Court on pro se Plaintiff Herbert Pitts's Motion for Reconsideration Under Local Rule 7.1(j) (ECF No. 49). This motion has been referred to the undersigned for a report and recommendation to the district court, the Honorable Michael J. Davis, District Judge for the United States District Court for the District of Minnesota, under 28 U.S.C. § 636 and D. Minn. LR 72.1. (ECF No. 53.) Plaintiff has also filed two requests for a hearing on his motion. (ECF Nos. 55, 56.)

         Based upon the files, records, and proceedings herein, and having concluded that no hearing is necessary, IT IS HEREBY RECOMMENDED that Plaintiff's motion for reconsideration and requests for a hearing be DENIED.

         II. BACKGROUND

         A. The Undersigned's Report & Recommendation

         Plaintiff brought this action against Defendants Ramsey County, St. Paul Police Department, and Lt. (Unknown), “alleging excessive force, deliberate indifference to his medical needs, failure to investigate, and failure to train.” Pitts v. Ramsey Cty., No. 17-cv-4261 (MJD/TNL), 2018 WL 3118437, at *1 (D. Minn. May 23, 2018) [hereinafter Pitts I], adopting report and recommendation, 2018 WL 3118293 (D. Minn. June 25, 2018) [hereinafter Pitts II], appeal dismissed, No. 18-2797, 2019 WL 719006 (8th Cir. Jan. 25, 2019) [hereinafter Pitts III]. In brief, Plaintiff alleged that Lt. (Unknown), a St. Paul police officer, yelled at him, called him derogatory names, and beat him with a baton while he was handcuffed in July 2015. Pitts I, 2018 WL 3118437, at *1. Plaintiff alleged that he was injured as a result. Id. Plaintiff further alleged that he was subsequently transferred to the Ramsey County jail and workhouse, where he was treated for his injuries. Id. Plaintiff alleged that although he reported the incident and an investigation was begun, the investigation did not progress any further than identifying a video of the incident. Id.

         Defendants moved for dismissal of Plaintiff's claims. See generally id. The undersigned recommended that the motions to dismiss be granted. See generally id.

         1. Ramsey County

         With respect to Ramsey County, the undersigned stated that, “[b]y failing to allege any claims against Ramsey County in the ‘Amended Complaint,' Plaintiff ha[d] abandoned his claims against Ramsey County.” Id. at *5. The undersigned nevertheless went on to consider and recommend dismissal of Plaintiff's claims against Ramsey County for failure to investigate and deliberate indifference to his medical needs. Id. at *5-7, 11.

         As for Plaintiff's claim for deliberate indifference to his medial needs, the undersigned concluded that Plaintiff failed to allege sufficient facts under both the objective and subjective components of this claim. See Id. at *7. Plaintiff had “not alleged any facts showing the objective seriousness of his injuries” or “that he showed obvious signs of injury which went untreated or that he requested medical treatment for his injuries and was denied.” Id. Plaintiff also had “not alleged facts showing that Ramsey County was aware of Plaintiff's need for further medical attention . . . and failed to act.” Id. And, “even assuming . . . that Plaintiff's non-specific ‘injuries' constituted objectively serious medical needs, Plaintiff ha[d] not allege[d] facts from which it c[ould] plausibly be inferred that Ramsey County actually knew of, but deliberately disregarded, those needs.” Id.

         Lastly, the undersigned concluded that Plaintiff had failed to identify any particular policy or custom of Ramsey County causing either of these alleged deprivations. Id. at *6, 7. The undersigned recommended that Ramsey County's motion to dismiss be granted, and Plaintiff's claims against Ramsey County be dismissed without prejudice. Id. at *11.

         2. City of St. Paul

          With respect to the St. Paul Police Department and Lt. (Unknown), the undersigned recommended that all claims against the St. Paul Police Department be dismissed with prejudice because “[t]he St. Paul Police Department is not a legal entity subject to suit.” Id. at *7. Similarly, the undersigned also recommended that any claim for intentional infliction of emotional distress be dismissed with prejudice as time-barred by the two-year statute of limitations. Id. at *11. The undersigned ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.