Dale Lindsey v. Terry Kneisel

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 29, 2023
• Docket: 23-1125
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1125 ___________________________

Dale Allen Lindsey

lllllllllllllllllllllPlaintiff - Appellant

v.

Terry Kneisel, MSOP--Moose Lake Facility Director; Scott Benoit, Office of Special Investigation Supervisor; Thane Murphy, Office of Special Investigation; Jordan W. Goodman, Program Manager; Allison M. Immel, BER Staff; Beth Anderson, Therapist; Phillip Olson, Unit Director, 1C; Scott Giannini, Unit Director, 1E; Kristi L. Wagner, Unit Director 1B; Sarah Herrick, Therapist 1B

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: June 23, 2023 Filed: June 29, 2023 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Dale Lindsey appeals the dismissal of his complaint against staff members at the Minnesota Sex Offender Program for allowing his roommate to assault him. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that Lindsey has failed to state a claim. See Prater v. Dahm, 89 F.3d 538, 540–41 (8th Cir. 1996) (reviewing de novo, explaining that officials must “actually know of a substantial risk” to be liable, and observing that not all threats “impute actual knowledge”); see also Misischia v. St. John’s Mercy Health Sys., 457 F.3d 800, 805 (8th Cir. 2006) (holding that a plaintiff can be denied leave to amend his complaint when he does not file a motion or explain what he would change). We accordingly affirm the judgment of the district court. 1 See 8th Cir. R. 47B. ______________________________

1 The Honorable Nancy E. Brasel, United States District Judge for the District of Minnesota. -2-