Summary
finding that the plaintiff's proposed amendments to his Complaint were insufficient to state a Monell claim
Summary of this case from Lollie v. JohnsonOpinion
Civ. No. 13-2781 (MJD/LIB)
04-07-2014
D.B., a minora minor, by and through his mother and natural guardian, A.T., Plaintiff, v. NICKOLAS HARGETT, in his individual capacity and in his official capacity as an employee of Independent School District 31; and INDEPENDENT SCHOOL DISTRICT 31, Defendants.
ORDER ADOPTING
REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED:
1. That Plaintiff's 42 U.S.C. § 1983 claim in Count I of Plaintiff's Complaint against Defendant Hargett in his official capacity is DISMISSED with prejudice.
2. Plaintiff's Monell claim in Count III of Plaintiff's Complaint against Defendant School District is DISMISSED without prejudice.
3. Defendant School District's motion to dismiss Count VII of Plaintiff's Complaint alleging vicarious liability against Defendant School District for state law torts committed by its employee, Defendant Hargett, is DENIED without prejudice. DATED: April 7, 2014
At Minneapolis, Minnesota
______________________
Michael J. Davis, Chief Judge
United States District Court