Whyte v. City of Brooklyn Park et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jacob S. Whyte,
Plaintiff,
v.
City of Brooklyn Park; Brooklyn Park
Police Department; John and Jane Doe
Officers 1-10; Colich Law Firm, P.A.;
Riley Kuderko, Esq.; and Amanda
Grossman, Esq.,
Defendants.
Civ. No. 26-2009 (JWB/DTS)
ORDER
DISMISSING CASE
Most of Plaintiff Jacob S. Whyte’s Complaint was dismissed by court order on
June 29, 2026. (See Doc. No. 5 at 11.) For the claims that remained, the Order gave
Plaintiff 90 days to file an amended complaint that identifies at least one individual
Defendant officer by name. (Id.) It warned him that failure to do so would result in
dismissal. (Id.)
Plaintiff did not file an amended complaint within 90 days. Therefore, the
remainder of this matter is dismissed, and the case is closed.
ORDER
Based on the foregoing, and for the reasons given in the June 29, 2026 Order
(Doc. No. 5), IT IS HEREBY ORDERED as follows:
1. 	Plaintiff Jacob S. Whyte’s Complaint (Doc. No. 1) is DISMISSED
WITHOUT PREJUDICE, for lack of standing, to the extent that it seeks
injunctive relief.
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2. 	The Complaint is DISMISSED WITH PREJUDICE, for failure to name a
suable entity, to the extent it asserts claims against Defendant Brooklyn
Park Police Department.
3. 	The Complaint is DISMISSED WITH PREJUDICE under 28 U.S.C.
§ 1915(e)(2)(B)(iii), based on prosecutorial immunity, to the extent it
asserts claims against Defendants Riley Kuderko, Amanda Grossman, and
Colich Law Firm, P.A.
4. 	The Complaint is DISMISSED WITHOUT PREJUDICE under 28
U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim, to the extent it
asserts municipal liability claims against Defendant City of Brooklyn Park,
and the City is DISMISSED as a Defendant.
5. 	The Complaint is DISMISSED WITH PREJUDICE under 28 U.S.C.
§ 1915(e)(2)(B)(ii), for failure to state a claim, to the extent it asserts claims
against Plaintiff’s public defender in the underlying prosecution.
6. 	The Complaint is DISMISSED WITH PREJUDICE under 28 U.S.C.
§ 1915(e)(2)(B)(ii), for failure to state a claim, to the extent it asserts claims
based on Plaintiff’s speedy trial rights.
7. 	The Complaint is DISMISSED WITHOUT PREJUDICE under 28
U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim, to the extent it
asserts Fourteenth Amendment Equal Protection claims.
8. 	Counts I, II, and III are DISMISSED WITHOUT PREJUDICE under
Federal Rule of Civil Procedure 4(m), to the extent they are asserted against
the John and Jane Doe officers.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: October 9, 2026 	s/ Jerry W. Blackwell
JERRY W. BLACKWELL
United States District Judge
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