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Corman v. Lee

United States District Court, D. North Dakota, Southeastern Division

June 9, 2015

Ryan R. Corman, Plaintiff,
v.
Shawn Lee, DCS, NDSH, Cathy Last Name Concealed, DCA3, NDSH, Dale Last Name Concealed, DCA3, NDSH, NDSH Clinical Team of May 16, 2014, Secure #2, Shannon Braaten, in her individual capacity, and Lorrie Reimer, in her individual capacity, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT

Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that Plaintiff Ryan R. Corman’s complaint be dismissed without prejudice.[1] On May 26, 2015, Corman filed objections to the Report and Recommendation.[2]

Nothing in Corman’s objections change the legal conclusion that Greg Volk, in his role as a court-appointed psychologist, is absolutely immune from suit.[3] Similarly, Lynne Sullivan, the state’s psychological evaluator, is immune from suit for monetary damages in her official capacity under the Eleventh Amendment[4] and she is immune from suit for monetary damages in her individual capacity for claims based on her testimony as a witness at a judicial proceeding.[5] Lastly, it is axiomatic that Corman, as a private citizen, does not have a constitutional right or any other basis to compel a criminal investigation.

After reviewing the record, considering Corman’s objections, and analyzing the magistrate judge’s Report and Recommendation, the court finds the magistrate judge’s analysis of the claims and recommendations for disposition are appropriate. Accordingly, the court hereby ADOPTS the Report and Recommendation in its entirety. For the reasons stated therein, all of Corman’s claims are DISMISSED with prejudice, with the exception of his claim against Lynne Sullivan for use of allegedly discredited actuarial risk assessment tools. This single claim is STAYED pending resolution of Ireland, in which the same actuarial risk assessment tools are at issue.

Finally, Corman’s motion for the appointment of counsel is DENIED.

The court finds that any attempted interlocutory appeal would be frivolous, cannot be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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