Dale Allen Lindsey v. Terry Kneisel, MSOP--Moose Lake Facility Director

United States Court of Appeals
For the Eighth Circuit
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No. 23-1125
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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
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 23, 2023
Filed: June 29, 2023
[Unpublished]
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Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges.
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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.

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

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