D.B. v. Hargett

Michael J. Davis

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