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Corman v. Sullivan

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

June 12, 2015

Ryan R. Corman, Plaintiff,
v.
Lynne Sullivan, North Dakota State Hospital Evaluator, ' and Greg Volk, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, Chief District Judge.

Pursuant to 28 U.S.C. ยง 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 as to all but one claim against Lynne Sullivan regarding the use of allegedly discredited actuarial risk assessment tools.[1] As to this claim, the magistrate judge recommends disposition be stayed pending resolution of Ireland v. Anderson, Case No. 2:13-cv-3 (D.N.D.).[2] On May 19, 2015, Corman filed objections to the Report and Recommendation.[3] Corman requests that this court not grant Greg Volk immunity because he has violated ethical principles, the code of conduct, and the law. Corman also requests that he be allowed to pursue claims against Lynne Sullivan for her "malicious disregard of ethics and law." Finally, he, again, asks for a criminal investigation and/or prosecution.

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.[4] Lynne Sullivan, the state's psychological evaluator, is immune from suit for monetary damages in her official capacity under the Eleventh Amendment[5] 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.[6] 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.

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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