Summary
recommending dismissal of due process claims because civilly committed patient had no protected property interest in his vocational placement or a fundamental right to employment
Summary of this case from Opiacha v. Dep't of Human Servs.Opinion
Civil No. 16-557 (PJS/LIB)
10-24-2016
Michael Dewayne Perseke, Plaintiff, v. Kevin D. Moser, et al., 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-entitled matter, IT IS ORDERED:
1. Defendants' Motion to Dismiss Plaintiff's Complaint, [Docket No. 8], is GRANTED.
2. Plaintiff's claims against the named individual Defendants in their individual capacities are DISMISSED without prejudice.
3. Plaintiff's claims for injunctive remedies against all Defendants in their official capacities are DISMISSED without prejudice.
4. Plaintiff's claims for monetary and punitive damages against all Defendants in their official capacities are DISMISSED with prejudice.
5. Judgment is entered accordingly. DATED:10/24/16
At Minneapolis, Minnesota
s/Patrick J. Schiltz
Patrick J. Schiltz, Judge
United States District Court