0:25-cv-01302•Judish v. Peterson et al
Testo completo
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Grant Anthony Judish, Plaintiff, v. City of Eden Prairie, Brett Lindeman, Dan Peterson, Mark Gustad, Rob Johnston, Christopher Wood and Matthew Sackett, Defendants. Case No. 25-cv-1302 (LMP/DJF) REPORT AND RECOMMENDATION Plaintiff Grant Anthony Judish brought this lawsuit asserting claims under 42 U.S.C. § 1983 and Minnesota criminal law related to the alleged mishandling of his personal property in connection with his arrest in April 2021. Mr. Judish initially brought claims against the City of Eden Prairie and various Eden Prairie Police Department officials (“Eden Prairie Defendants”), Hennepin County and its officials, and the Minnesota Board of Peace Officer Standards and Training. Pursuant to previous orders of dismissal (ECF Nos. 23, 42), only the claims against the Eden Prairie Defendants remain. This matter is now before the Court on the Eden Prairie Defendants’ motion for partial dismissal of Plaintiff’s Complaint (“Motion”) (ECF No. 31). Mr. Judish asserts claims against the Eden Prairie Defendants under the Fourth, Eighth and Fourteenth Amendments to the United States Constitution and various Minnesota criminal statutes, including Minn. Stat. §§ 609.43, 609.746 and 617.261. Mr. Judish does not specify whether he intends to bring these claims against the officials in their individual or official capacities. In light of Mr. Judish’s pro se status and the course of the proceedings, the Court interprets these claims as claims against the officials in both their individual and official capacities. See S.S.A. v. Geisler, 127 F.4th 1133, 1136-39 (8th Cir. CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 1 of 20
2 2025) (overturning “clear statement rule” and holding Section 1983 plaintiff need not expressly allege capacity in which he sues defendants); Estelle v. Gamble, 429 U.S. 97, 106 (1976) (stating pro se documents should be held to less stringent pleading standards than formal pleadings drafted by lawyers); Papantony v. Hedrick, 215 F.3d 863, 865 (8th Cir. 2000) (holding pro se complaints should be construed broadly). The Eden Prairie Defendants move to dismiss the Eighth Amendment claim against Defendant Dan Peterson and the Minnesota statutory claims against all Eden Prairie Defendants. They also seek dismissal of all claims against the City and Defendants Brett Lindeman, Rob Johnston, Christopher Wood and Matthew Sackett. Dismissal of the Fourth and Fourteenth Amendment claims against Defendants Peterson and Gaustad is not requested at this time. (See ECF No. 33 at 2 n.1.) Based on the parties’ written submissions, and on the entire file, the Court recommends that the Motion be granted. I. BACKGROUND Mr. Judish’s Complaint presents a broad Section 1983 civil rights action stemming from his April 8, 2021 arrest on an alleged harassment restraining order violation. (See ECF No. 1 at 4.) Scott County Sheriff’s Department officers arrested Mr. Judish and later transferred him to the custody of Officer Brett Lindeman. (Id.) At the time of transfer, they also handed over to Officer Lindeman various items of property taken from Mr. Judish, including an e-cigarette, BB gun, phone, micro-SD card, sim card, keys, and a wallet containing a driver’s license and several financial cards. (Id.) Officer Lindeman transported Mr. Judish to the Hennepin County Jail (“HCJ”) for booking. (Id.) According to Mr. Judish, Officer Lindeman took custody of his e- cigarette, BB gun, phone, micro-SD card, sim card, and keys without logging them, mentioning them in the arrest report, or informing other officers. (Id.) CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 2 of 20
3 Mr. Judish contends the initial lack of documentation became a problem when HCJ staff asked him to sign a property inventory form that did not list all the items taken from him, including the cell phone. (Id.) He states that he refused to sign the inventory form because it did not list the “$500 cell phone” taken from him, and that an HCJ officer told him he had to sign it anyway. (Id.) According to Mr. Judish, when he continued to refuse, several officers stripped him naked, locked him in an empty holding cell for hours with no furniture, windows or restroom facilities, and put him on suicide watch to force him to provide a signature. (Id. at 4–5.) He states that a deputy later admitted, “[W]e checked the cameras and the officer that brought you in took the phone.…He said the detective told him he wanted the phone so he came back in and grabbed it.” (Id. at 5.) Mr. Judish eventually signed the inventory form “under duress”, was returned to the holding cell, and was later moved to the general population. (Id. at 5.) Mr. Judish states that Officer Lindeman eventually documented that he entered Mr. Judish’s phone, BB gun, e-cigarette, and keys into evidence when he amended the arrest report four days after the arrest, on April 12, 2021. (Id.) Mr. Judish further alleges that, around April 9, 2021, Detective Dan Peterson searched his phone and SD card without a warrant and copied and converted private files, including pornographic images of Mr. Judish’s girlfriend. (Id. at 5–6.) Mr. Judish also asserts that—despite a judge’s order—Detective Mark Gustad refused to return the devices until Mr. Judish provided his passcodes, and that when the Eden Prairie Police Department finally returned them, the SD card was damaged. (Id. at 5–7.) Mr. Judish alleges Detective Gustad did not petition the court for a warrant to legally access the phone and the SD card until after Mr. Judish had been in custody for over 30 days and indicated he was willing to enter into a plea agreement. (Id. at 6.) CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 3 of 20
4 Mr. Judish additionally states that he complained to Eden Prairie Police Department officials about the alleged property damage, illegal searches, and officer misconduct, and that his complaints were ignored and never investigated. (Id. at 6–8.) Mr. Judish specifically states that he complained to Lt. Rob Johnston, who assured Mr. Judish he would investigate. (Id. at 7–8.) Lt. Johnston contacted Mr. Judish approximately two weeks later and reported he found no evidence of wrongdoing and would close the investigation. (Id. at 8.) Mr. Judish then reported his complaints to Police Captain Christopher Wood and Police Chief Matthew Sackett. (Id. at 8– 9.) Both responded to Mr. Judish that they found no evidence of misconduct and refused to comment further. (Id.) Finally, Mr. Judish claims that after a judge ordered his release during a hearing on April 12, 2021, Detective Gustad filed a new, misleading probable cause statement asserting that Mr. Judish was “in custody on other matters” and requested a rush warrant for his arrest in order to keep him in custody. (Id. at 5.) The Eden Prairie Defendants argue the Complaint fails to plausibly assert constitutional claims against Defendants Lindeman, Johnston, Wood or Sackett in their individual capacities and that these claims are barred by qualified immunity. They also move to dismiss Mr. Judish’s official capacity claims and claims against the City on the ground that his Complaint fails to support municipal liability under Section 1983 because he does not plead facts showing his alleged injuries were caused by any particular Eden Prairie Police Department policy, custom, or practice. They further contend Mr. Judish’s Eighth Amendment claims fail entirely because he asserts no injury arising from post-conviction confinement. Finally, they argue the claims under Minnesota criminal statutes must be dismissed because the asserted statutes do not give rise to any private right of action. CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 4 of 20
5 II. LEGAL STANDARD In deciding a motion to dismiss under Rule 12(b)(6), a court assumes all facts in the complaint to be true and construes all reasonable inferences from those facts in the light most favorable to the complainant. Morton v. Becker, 793 F.2d 185, 187 (8th Cir. 1986). In doing so, however, a court need not accept as true conclusory allegations, Hanten v. Sch. Dist. of Riverview Gardens, 183 F.3d 799, 805 (8th Cir. 1999), or legal conclusions drawn by the pleader from the facts alleged, Westcott v. City of Omaha, 901 F.2d 1486, 1488 (8th Cir. 1990). To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Although a complaint need not contain “detailed factual allegations,” it must contain facts with enough specificity “to raise a right to relief above the speculative level.” Id. at 555. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements,” will not pass muster under Twombly. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555). This standard “calls for enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of [the claim].” Twombly, 550 U.S. at 556. Although pro se complaints must be construed liberally, Rule 12(b)(6) applies to pro se litigants, and their complaints must contain sufficient facts to state a claim as a matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). At this stage in the litigation, before the parties have had a fair opportunity to fully develop the record through discovery, the Court focuses on the allegations in the Complaint and largely excludes consideration of extraneous materials. See Porous Media Corp. v. Pall Corp., 186 F.3d 1077, 1079 (8th Cir. 1999) (holding that in deciding a motion to dismiss under Rule 12(b)(6), a court may consider only the complaint, matters of public record, orders, materials embraced by the CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 5 of 20
6 complaint, and exhibits attached to the complaint). Here, the Eden Prairie Defendants attach an Evidence Custody Receipt and various emails to their opposition brief (ECF No. 34-1) and invite the Court to draw inferences from those materials that do not support—and even directly contradict—the allegations in the Complaint. The Court disregards these materials. The Eden Prairie Defendants describe the Evidence Custody Receipt (ECF No. 34-1 at 1- 2) as a document that Mr. Judish “refers to in his Complaint” (ECF No. 33 at 4), but this statement is misleading.1 Though the Complaint refers to a property intake inventory form (ECF No. 1 at 4- 5), the inventory form, which Mr. Judish alleges he signed, is plainly a different document than the Evidence Custody Receipt (ECF No. 34-1 at 1-2), which includes no signature or any signature line. Similarly, though the Complaint vaguely refers to various email communications between Mr. Judish and the Eden Prairie Police Department (ECF No. 1 at 8-9), the Court cannot conclude that the alleged communications are the same as those submitted in opposition to the Motion. Because the proffered materials are not necessarily embraced by the Complaint and do not meet any other ground for consideration on a Rule 12(b)(g) motion, the Court will not consider them at this point in the proceedings. III. ANALYSIS A. Individual Capacity Claims 1. Claims Against Officer Lindeman The Complaint alleges that Officer Lindeman violated Mr. Judish’s Fourth, Eighth and Fourteenth Amendment rights by “seizing” Mr. Judish’s property without a warrant and failing to observe proper documentation protocols in taking custody of Mr. Judish’s property. (ECF No. 1 1 The Eden Prairie Defendants’ opposition brief fails to identify where in the Complaint Mr. Judish purportedly refers to the Evidence Custody Receipt, although the brief is otherwise replete with citations to the Complaint by specific page and paragraph number. (See, e.g., ECF No. 33 at 3.) CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 6 of 20
7 at 9.) Defendants contend that Officer Lindeman had the authority to seize Mr. Judish’s property without a warrant, and that Mr. Judish did not have a constitutional right for his seized property to be stored at the Hennepin County Jail, as opposed to the Eden Prairie Police Department. As a threshold matter, it is blackletter law that a warrantless search of a suspect’s person incident to a lawful arrest does not violate the Fourth Amendment. See Arizona v. Gant, 556 U.S. 332, 338-39 (2009). The seizure of items from a suspect during the booking process is also permissible. See Illinois v. Lafayette, 462 U.S. 640, 643–46 (1983) (holding authorities are entitled to search an arrestee’s person at police station during booking). The Complaint alleges that police seized Mr. Judish’s property incident to his arrest and during booking for an alleged violation of a harassment restraining order. (ECF No. 1 at 4.) Mr. Judish does not challenge probable cause for his arrest and the Complaint states that he entered a guilty plea in the criminal case charged in connection with that arrest. (Id. at 6.) The facts alleged in the Complaint thus do not support a reasonable inference that the seizure of Mr. Judish’s personal items violated his Fourth Amendment Rights. Furthermore, there is no basis to believe that Officer Lindeman was involved in seizing the items at issue from Mr. Judish. Mr. Judish challenges Officer Lindeman’s purported seizure of his electronic cigarette, BB pistol, cell phone and keys. (ECF No. 1 at 4.) But the Complaint alleges that officers from the Scott County Sheriff’s Department initially arrested Mr. Judish and then “handed over” the electronic cigarette, BB pistol and cell phone upon transferring custody of Mr. Judish to Officer Lindeman. (Id.) The allegations thus indicate that Scott County Sheriff’s Department officers, and not Officer Lindeman, were responsible for the seizure. Similarly, the Complaint suggests that Mr. Judish’s keys were seized from Mr. Judish by HCJ staff during booking at the jail when Officer Lindeman was no longer present. (Id.) And regardless of when CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 7 of 20
8 or how the items were seized, the Complaint fails to allege that Officer Lindeman seized property from Mr. Judish’s person at any point in time. Rather, Mr. Judish’s unlawful seizure claim appears to be premised solely on the contention that Officer Lindeman took possession of the items in question from the HCJ booking area after they were already in law enforcement custody. (Id.) The protections of the Fourth Amendment are not implicated by the transfer of evidence from a jail booking area to another law enforcement agency, because a defendant has no expectation of privacy in the booking area of a jail. See United States v. Russell, 847 F.3d 616, 618 (8th Cir. 2017) (“An individual asserting Fourth Amendment rights must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable.”) (cleaned up). To the extent Mr. Judish seeks to hold Officer Lindeman accountable for the seizures effected by the Scott County Sheriff’s Department’s and HCJ staff, his claims are misplaced. See Smith v. City of Minneapolis, 754 F.3d 541, 547 (8th Cir. 2014) (“Liability for damages for a federal constitutional tort is personal, so each defendant’s conduct must be independently assessed. Section 1983 does not sanction tort by association.” (internal quotation marks omitted)). Moreover, Officer Lindeman’s mere transportation of the items following their initial seizure by other law enforcement agencies is too attenuated to carry liability for the seizures. See Foote v. Doe 1, 679 F. Supp. 3d 775, 800 (S.D. Iowa 2023) (finding officers who merely transported and booked suspect following potentially unconstitutional arrest by other officers not liable under Section 1983). Mr. Judish’s Fourteenth Amendment claim against Officer Lindeman is similarly without merit. The Fourteenth Amendment prohibits states from depriving individuals of “life, liberty or property without due process of law”. U.S. Const. Amend. XIV. The Complaint does not specify CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 8 of 20
9 how this applies to Mr. Judish’s claims against Officer Lindeman, but Mr. Judish appears to contend that by removing his property from the HCJ booking area without properly documenting that he took the property into evidence, Officer Lindeman deprived Mr. Judish of the property without due process. But a law enforcement officer’s retention of lawfully seized evidence for investigatory purposes does not give rise to a Fourteenth Amendment violation. See Rodgers v. Knight, 781 F.3d 932, 941 (8th Cir. 2015) (“Where retention of evidence is justified by pending charges or an arrest warrant, no further process is required.”) (quoting Walters v. Wolf, 660 F.3d 307, 314 (8th Cir. 2011) (“[W]hen seizing property for criminal investigatory purposes, compliance with the Fourth Amendment satisfies pre-deprivation procedural due process as well.”) (internal quotation marks omitted)). That Officer Lindeman retained Mr. Judish’s property while Mr. Judish remained under investigation thus does not establish a viable Fourteenth Amendment claim.2 Insofar as Mr. Judish challenges Officer Lindeman’s alleged failure to properly document his removal of the property, Mr. Judish does not identify any specific statute, rule, regulation or policy that required Officer Lindeman to do so. And regardless, “[a] violation of state law, without more, is not the equivalent of a violation of the Fourteenth Amendment.” Bagley v. Rogerson, 5 F.3d 325, 329 (8th Cir. 1993). Furthermore, to the extent that Officer Lindeman initially failed to properly document his removal of the property from the HCJ in violation of police chain of custody protocols, any such failure could not have contributed to an unconstitutional property deprivation 2 Mr. Judish asserts that some of the items Officer Lindeman took had “no evidentiary value whatsoever” (ECF No. 1 at 9). But Mr. Judish has no first-hand knowledge of what was potentially relevant to the law enforcement investigation and the Court does not accept this conclusory argument as true for purposes of deciding this Motion. See Hanten, 183 F.3d at 805; Westcott, 901 F.2d at 1488. CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 9 of 20
10 since he amended his report and documented the items he took into evidence just four days later, while Mr. Judish was still under investigation. (See ECF No. 1 at 4.) The Complaint further asserts that Officer Lindeman violated Mr. Judish’s Eighth Amendment rights. Though the factual predicate for this claim is not entirely clear, Mr. Judish appears to allege his Eighth Amendment rights were violated because Officer Lindeman’s “failure to observe protocol … was a direct cause of further violations of Plaintiff Judish’s rights,” namely, his alleged mistreatment by deputies at the jail. (ECF No. 1 at 9.) The Eighth Amendment protects prisoners from cruel and unusual punishment arising from their conditions of confinement. U.S. Const. Amend. VIII (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”); Ambrose v. Young, 474 F.3d 1070, 1075 (8th Cir. 2007) (stating that the prohibition against cruel and unusual punishment applies to conditions of confinement). Defendants correctly note that the protections afforded under the Eighth Amendment do not apply to pretrial detainees such as Mr. Judish. (See ECF no. 33 at 12, citing Wilson v. Spain, 209 F.3d 713, 715–16 (8th Cir. 2000)). Pretrial detainees are nonetheless entitled to the same protections under the Fourteenth Amendment. See, e.g., Hartsfield v. Colburn, 371 F.3d 454, 457 (8th Cir. 2004) (“Pretrial detainees are entitled to at least as much protection under the Fourteenth Amendment as under the Eighth Amendment.”) (citing Ervin v. Busby, 992 F.2d 147, 150 (8th Cir. 1993) (holding pretrial detainees’ claims are evaluated under the Due Process Clause rather than the Eighth Amendment). Mr. Judish’s claim thus arises under the Fourteenth Amendment, not the Eighth. However, for purposes of the Court’s analysis this is a distinction without a difference, because courts must construe pro se complaints liberally, no matter how “inartfully pleaded,” Estelle, 429 U.S. at 106. The Court therefore will not dismiss CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 10 of 20
11 Mr. Judish’s Eighth Amendment claim based on this technical pleading error and instead construes it as a conditions of confinement claim arising under the Fourteenth Amendment. Nevertheless, Mr. Judish’s claim against Officer Lindeman fails under even this liberal construction. Officer Lindeman cannot be said to have been “involved in the allegedly unconstitutional acts” of the HCJ deputies for merely having removed Mr. Judish’s property from the jail without documenting it. See Grider v. Bowling, 785 F.3d 1248, 1252 (8th Cir. 2015) (holding police officer was not liable for excessive force used by second police officer when he had no forewarning that second police officer would use excessive force). Though Officer Lindeman’s alleged documentation error may have contributed to a misunderstanding between Mr. Judish and HJC staff regarding the whereabouts of the cellphone, Officer Lindeman played no role in how the HCJ deputies—or Mr. Judish himself—responded to that misunderstanding. Officer Lindeman left the jail prior to any of acts constituting Mr. Judish’s alleged mistreatment by HCJ deputies, and the Complaint is devoid of any facts plausibly suggesting he directed, approved or participated in it in any way. (ECF No. 1 at 4.) Mr. Judish’s claim that Officer Lindeman subjected him to unconstitutional conditions of confinement fails for these reasons, and the Court recommends that all Mr. Judish’s constitutional claims against Officer Lindeman be dismissed. 2. Claims Against Lieutenant Johnston, Captain Wood and Chief Sackett Mr. Judish alleges that Lt. Johnston, Captain Wood, and Chief Sackett violated his Fourteenth Amendment rights in their “misuse of authority to avoid detriment, to protect others from detriment, and to harm another.” (ECF No. 1 at 10.) More specifically, Mr. Judish bases this claim on Lt. Johnston, Captain Wood, and Chief Sackett’s alleged failure to properly investigate his alleged mistreatment and the handling of his property following his arrest. (ECF No. 1 at 8–9.) Defendants argue Mr. Judish has failed to allege any plausible claims for supervisory liability under Section 1983 because Mr. Judish’s complaints to Lt. Johnston, Captain CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 11 of 20
12 Wood, and Chief Sackett did not arise until after the alleged violations occurred, such that Mr. Judish merely disagrees with an after-the-fact determination.3 (ECF No. 33 at 11.) Supervisory liability may attach under Section 1983 if a supervisor “directly participates” in a constitutional violation. Andrews v. Fowler, 98 F.3d 1069, 1078 (8th Cir. 1996). A supervising officer also may be accountable for the actions of his subordinates if he: (1) had notice of a pattern of unconstitutional conduct in which they engaged; (2) was deliberately indifferent to or tacitly authorized that conduct; (3) failed to take sufficient remedial action; and (4) that failure proximately caused the plaintiff’s injury. Sturgeon v. Faughn, 36 F.4th 804, 809 (8th Cir. 2022) (cleaned up) (citing Livers v. Schenck, 700 F.3d 340, 355 (8th Cir. 2012); Andrews, 98 F.3d at 1078). To be held liable, “[t]he supervisor must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what [he or she] might see.” Ripson v. Alles, 21 F.3d 805, 809 (8th Cir. 1994) (internal quotation marks omitted). Mr. Judish can show neither “direct participation” nor “deliberate indifference” with respect to Lt. Johnston, Captain Wood, and Chief Sackett, because they were not even aware of the misconduct of which he complains until after it was over. (ECF No. 1 at 8–9.) Mr. Judish alleges he first contacted Lt. Johnston, Captain Wood, and Chief Sackett after he was discharged from Hennepin County Jail, had entered a plea of guilty, and his possessions were returned to him. (Id. at 7.) His claims against Lt. Johnston, Captain Wood, and Chief Sackett are based on the 3 Defendants contend that Mr. Judish did not make his complaints until “two years after the City returned his property.” (ECF No. 33 at 6, 11.) In asserting this argument, they rely on an inference drawn from emails attached to their opposition brief, which for the above-stated reasons are inappropriate for the Court’s consideration on a Rule 12(b)(6) motion. See Porous Media, 186 F.3d at 1079. The Court accordingly disregards this claim and looks to the allegations in Mr. Judish’s Complaint. The Complaint alleges Mr. Judish contacted Defendants Johnston, Wood and Sackett to complain only after he pleaded guilty and his property was returned to him. (ECF No. 1 at 7-9.) CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 12 of 20
13 assertion that they failed to investigate his complaints to his satisfaction; not that they participated in the alleged misconduct in any way or had any prior knowledge of it. Moreover, based on the timeline set forth in the Complaint, it is not possible that their inaction was the proximate cause of Mr. Judish’s alleged injuries. For this reason, the Court recommends that the Fourteenth Amendment claims against Lt. Johnston, Captain Wood, and Chief Sackett be dismissed. 3. Eighth Amendment Claim Against Detective Peterson Mr. Judish asserts claims against Detective Dan Peterson under the Fourth, Eighth and Fourteenth Amendments. Mr. Judish bases this claim on the allegation that Detective Peterson accessed his cell phone without a warrant and transferred the contents of that phone—including pornographic images and videos of his ex-girlfriend—to a work computer. (Id. at 9–10.) The Eden Prairie Defendants argue the Eighth Amendment claim should be dismissed because the Eighth Amendment applies only to prisoners who challenge their conditions of confinement post- conviction. (ECF No. 33 at 12.) The Court agrees. As previously stated, the Eighth Amendment does not apply to the claims asserted in Mr. Judish’s Complaint because he challenges only his conditions of confinement as a pretrial detainee. (See Wilson, 209 F.3d at 715–16.) Moreover, the Court cannot construe this claim as a conditions-of-confinement claim under the Fourteenth Amendment because the Complaint does not assert that Detective Peterson in any way contributed to Mr. Judish’s conditions of confinement at the HJC, or indeed, had any contact with Mr. Judish or the HJC at all. Insofar as Mr. Judish challenges Detective Peterson’s alleged use, mishandling or misappropriation of his personal property without a warrant, these claims arise under the Fourth and Fourteenth Amendments and not the Eighth. The Eighth Amendment claim should thus be CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 13 of 20
14 dismissed while the Fourth and Fourteenth Amendment claims against Detective Peterson, which Defendants do not presently challenge, should be allowed to proceed.4 B. Municipal Claims Mr. Judish also brings claims against the City of Eden Prairie and its employees in their official capacities. When suing municipalities and government officials in their official capacities under Section 1983, a mere showing that a constitutional violation occurred is not enough. The plaintiff must show that “the violation resulted from (1) an official municipal policy, (2) an unofficial custom, or (3) a deliberately indifferent failure to train or supervise.” Jackson v. Stair, 944 F.3d 704, 709 (8th Cir. 2019) (internal quotation marks omitted); see also City of Canton v. Harris, 489 U.S. 378, 388 (1989); Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690–91 (1978). “[A] municipality cannot be held liable under [Section] 1983 on a respondeat superior theory.” Monell, 436 U.S. at 691. Mr. Judish asserts Fourth, Eighth, and Fourteenth Amendment claims against the City and all the individual Eden Prairie Defendant employees in their official capacities. (ECF No. 1 at 1, 9–11.) He argues he has met his burden to plead municipal liability under Monell by alleging facts showing the City has an informal practice of “tolerating and disregarding misconduct by its police officers, as evidenced by repeated notification of misconduct complaints provided to all members of command staff.” (ECF No. 44 at 2.) The Eden Prairie Defendants contend these claims fail because Mr. Judish has not shown that an official policy of the government is “the moving force of the constitutional violation,” as required by Monell, 436 U.S. at 694. 4 Having found that all the individual-capacity claims at issue in the Motion should be dismissed under Rule 12(b)(6), the Court does not reach Defendants’ argument that these claims are precluded by qualified immunity. CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 14 of 20
15 The Court agrees with Defendants. Mr. Judish neither contends the City of Eden Prairie harmed him as the result of an unconstitutional official municipal policy nor pleads any injury arising from a deliberately indifferent failure to train or supervise. Instead, Mr. Judish argues his Complaint asserts an “unofficial custom” of ignoring misconduct, as evidenced by the City’s alleged disregard for Mr. Judish’s complaints regarding his treatment. (ECF No. 44 at 2.) Mr. Judish is correct that a pattern or practice of failing to investigate complaints can demonstrate a Section 1983 violation, but such failures must occur in connection with prior incidents. Mettler v. Whitledge, 165 F.3d 1197, 1205 (8th Cir. 1999) (“Evidence that a police department has failed to investigate previous incidents similar to the incident in question may support a finding that a municipal custom exists, and that such a custom encourages or allows officers to use excessive force without concern for punishment.” (emphasis added)). Otherwise, no ongoing pattern is established, and causation is lacking. A failure to adequately investigate complaints of the alleged misconduct itself cannot prove municipal liability, unless those complaints came during the alleged misconduct. Id. Mr. Judish made his first complaints to City officials about Detective Gustad’s alleged failure to return the cell phone after Mr. Judish was released from custody on May 12, 2021. (ECF No. 1 at 6–7.) At that time, the criminal case against Mr. Judish was still pending. See State v. Judish, 27-CR-21-7281 (Minn. Dist. Ct.) (Sentencing Order, July 9, 2021), available at https://publicaccess.courts.state.mn.us/CaseSearch.5 As previously discussed, a law enforcement officer’s retention of lawfully seized evidence for investigatory purposes while a criminal case is still pending is not an unconstitutional practice. See Rodgers, 781 F.3d at 941. Furthermore, 5 The Court takes judicial notice of the public court record in Mr. Judish’s criminal case. See Porous Media, 186 F.3d at 1079; Stutzka v. McCarville, 420 F.3d 757, 760 n.2 (8th Cir. 2005) (court can take judicial notice of orders filed in related case). CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 15 of 20
16 following Mr. Judish’s complaints, the City returned his phone to him just a few days later. (Id. at 7.) If anything, the City’s response shows that it did not turn a blind eye to his complaints about Detective Gustad’s retention of the phone. Mr. Judish’s other complaints occurred well after the alleged misconduct, including his complaints to Lt. Johnston, Captain Wood, and Chief Sackett concerning the condition of the SIM card and his complaints regarding Officer Lindeman and Detective Peterson. Because the City officials’ responses to these complaints could not have contributed to Mr. Judish’s alleged injuries, they do not establish municipal liability. Mr. Judish has not alleged facts showing the City had an unofficial custom or practice plausibly leading to unconstitutional conduct that could have caused his alleged injuries. The Court thus recommends Mr. Judish’s constitutional claims against the City of Eden Prairie and the individual City of Eden Prairie Defendants in their official capacities be dismissed. C. State Law Claims Mr. Judish brings state law claims against several of the Eden Prairie Defendants under Minnesota criminal statutes 609.43 (misconduct of public officer or employee), 609.746 (interference with privacy) and 617.261 (nonconsensual dissemination of private sexual images). None of these claims has merit. Mr. Judish purports to bring all his claims, including the state law claims, under Section 1983. (ECF No. 1 at 1–2.) However, Section 1983 does not provide a cause of action for violating state laws. Preston v. City of Pleasant Hill, 642 F.3d 646, 650 (8th Cir. 2011) (“A plaintiff may not bring a state claim under the aegis of § 1983”). Therefore, Mr. Judish’s state law claims must be directly actionable, if at all. Under Minnesota law, a criminal statute does not establish a civil cause of action unless the statute “expressly or by clear implication so provides.” Larson v. Dunn, 460 N.W.2d 39, 47 CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 16 of 20
17 n.4 (Minn. 1990); see also Graphic Commc’ns Loc. 1B Health & Welfare Fund A v. CVS Caremark Corp., 850 N.W.2d 682, 689 (Minn. 2014); Becker v. Mayo Foundation, 737 N.W.2d 200, 207 (Minn. 2007). None of the statutes Mr. Judish asserts includes any provision expressly establishing a civil private right of action. See Minn. Stat. §§ 609.43, 609.746, 617.261. Furthermore, none of these statutes establishes a private right of action by clear implication. In determining whether a statute creates an implied civil cause of action, the Minnesota Supreme Court looks to legislative intent informed by basic principles of statutory construction. See Graphic Commc’ns, 850 N.W.2d at 691-92 (no private cause of action created by pharmacy statute providing that difference in generic and brand name drug costs “shall be passed on to the purchaser”); Krueger v. Zeman Const. Co., 781 N.W.2d 858, 863-64 (Minn. 2010) (Minnesota Human Rights Act provision prohibiting contract discrimination established cause of action for contracting parties but not their employees); Becker, 737 N.W.2d at 207-09 (Child Abuse Reporting Act establishes criminal liability but no private cause of action). The Minnesota Court of Appeals has previously stated that Minn. Stat. § 609.43 does not establish an implied civil cause of action. Sellers v. City of St. Paul, No. C6-94-2362, 1995 WL 238765, at *1 (Minn. Ct. App. Apr. 25, 1995); see also Clayborne v. Minnesota Dept. of Corrections, Case No. 23-cv-3612 (JMB/TNL), 2024 WL 3105956, at *5 (D. Minn. June 24, 2024) (no private right of action under Minn. Stat. § 609.43 in federal court). Moreover, no clear implication of legislative intent to establish a civil cause of action arises from any reasonable construction of Minn. Stat. §§ 609.746 or 617.261. Both statutes expressly impose criminal penalties. An enforcement mechanism for the protections afforded under each statute therefore already exists, and the Court assumes the Legislature’s decision to impose criminal and not civil liability was intentional. See Graphic Commc’ns, 850 N.W.2d at 691 (reasoning that express CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 17 of 20
18 criminal and civil penalties demonstrate that the Legislature did not intend to provide an implied private civil cause of action). Additionally, in this case reading a private cause of action into either statute would be particularly problematic because the Defendants are law enforcement officers sued for actions taken in the course of their duties. Both Minn. Stat. § 609.746 and Minn. Stat. § 617.261 contain provisions precluding enforcement of the statutes against law enforcement officers engaged in the performance of their lawful duties. See Minn. Stat. § 609.746, subd. 1(k); Minn. Stat. § 617.261, subd. 5(1). For these reasons, the Court cannot infer that the Minnesota Legislature intended to create the civil claims Mr. Judish seeks to advance under these statutes. Mr. Judish’s state law claims are not actionable for these reasons, and the Court accordingly recommends that they be dismissed. D. Local Rule 7.1 Mr. Judish additionally argues denial of Defendants’ Motion is required because Defendants failed to meet their Local Rule 7.1(a) obligation to meet and confer with Mr. Judish prior to filing the Motion. (ECF No. 44 at 2.) The Court agrees that the meet-and-confer requirement applies to motions to dismiss and that this requirement is important. However, the Court has discretion to excuse a party’s failure to comply with the requirements of this local rule, see First Fin. Sec., Inc. v. Lee, No. 14-CV-1843 (PJS/SER), 2016 WL 881003, at *7 n.10 (D. Minn. Mar. 8, 2016), and finds an exercise of discretion in this instance is warranted. Rule 7.1 requires a moving party to file a meet-and-confer statement along with the underlying motion unless the opposing party is unavailable. L.R. 7.1(a). Here, there is no dispute that the Eden Prairie Defendants failed to file a simultaneous meet-and-confer statement, and there is no indication they were unable to meet with Plaintiff before they filed their Motion because he was unavailable. Although the Eden Prairie Defendants did not file a meet-and-confer statement CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 18 of 20
19 when they filed the Motion on August 25, 2025 as required, they conferred with Mr. Judish a few days later and filed a statement on September 4, 2025. (ECF No. 40.) At that point, Mr. Judish had not yet filed his response to the Motion. (See ECF No. 44.) If Mr. Judish had believed any narrowing or dismissal of his claims was appropriate, he could have included a narrowing concession or dismissal in his briefing. Instead, his response opposes all the Eden Prairie Defendants’ arguments. (See id.) In this context he cannot now credibly complain that he was “deprived of the opportunity to resolve or narrow the issues before motion practice.” (Id.) Because the Eden Prairie Defendants quickly rectified their omission, there was neither any prejudice to Mr. Judish arising from the delay nor any added burden on the Court. To deny the Motion in this context would elevate form over function and undermine the Court’s consideration of the issues on the merits. Mr. Judish’s argument that the Motion should be denied on this ground should be rejected. The Court’s conclusion should not be viewed as permission to sidestep the meet-and-confer requirement, however. Unless excused or exempt under the Rule, any motion filed without a meet- and-confer statement will likely be met with an order to subsequently meet and confer and file a statement to avoid denial. Repeated failures to satisfy the meet-and-confer requirement may result in a status conference or sanctions. RECOMMENDATION Based upon the foregoing, and on all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that Defendants City of Eden Prairie, Brett Lindeman, Dan Peterson, Mark Gustad, Rob Johnston, Christopher Wood, and Matthew Sackett’s Motion for Partial Dismissal of Plaintiff’s Complaint (ECF No. 31) be GRANTED as follows: CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 19 of 20
20 1. All claims against Defendants Brett Lindeman, Rob Johnston, Christopher Wood, Matthew Sackett, and the City of Eden Prairie be DISMISSED WITH PREJUDICE; 2. All official-capacity claims against Defendants Mark Gustad and Dan Peterson be DISMISSED WITH PREJUDICE; 3. The Eighth Amendment claim against Defendant Dan Peterson be DISMISSED WITH PREJUDICE; and 4. All claims arising under Minnesota state criminal law be DISMISSED WITH PREJUDICE. The Eden Prairie Defendants did not seek dismissal of the Fourth and Fourteenth Amendment individual-capacity claims against Defendants Dan Peterson and Mark Gaustad, and those claims should be allowed to proceed. Dated: November 24, 2025 s/ Dulce J. Foster Dulce J. Foster United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:25-cv-01302-LMP-DJF Doc. 56 Filed 11/24/25 Page 20 of 20
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