Daywitt v. Minnesota

Michael J. Davis United States District Court

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 Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is DENIED with respect to Count 2's Section 1983 free exercise claim as alleged against Defendants Jesson, Johnston, and Moser in their official capacities, to the extent Plaintiffs seek injunctive and/or declaratory relief arising from Policy 303.020's suit coat prohibition.

2. That Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is DENIED with respect to Count 4 as alleged against the State entity Defendants and the individual Defendants in their official capacities, to the extent Plaintiffs seek injunctive and/or declaratory relief arising from Policy 303.020's suit coat prohibition.

3. That Defendants' Motion to Dismiss First Amended Complaint, [Docket No. 36], is GRANTED in all other respects. DATED: July 6, 2015
At Minneapolis, Minnesota

s/Michael J. Davis

Michael J. Davis

United States District Court