Kenneth Daywitt Plaintiff - Appellant David Jannetta Plaintiff Steven Hogy Plaintiff… v. Jodi Harpstead, DHS Commissioner

United States Court of Appeals
For the Eighth Circuit
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No. 24-1138
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Kenneth Daywitt
lllllllllllllllllllllPlaintiff - Appellant
David Jannetta
lllllllllllllllllllllPlaintiff
Steven Hogy
lllllllllllllllllllllPlaintiff - Appellant
Merlin Adolphson
lllllllllllllllllllllPlaintiff
Michael Whipple; Peter Lonergan, and others similarly situated; Russell Hatton
lllllllllllllllllllllPlaintiffs - Appellants
v.
Jodi Harpstead, DHS Commissioner; in their individual and official capacities;
Marshall Smith, in their individual and official capacities; Nancy Johnston, in their
individual and official capacities; Jim Berg, in their individual and official
capacities; Jannine Hebert, in their individual and official capacities; Kevin
Moser, in their individual and official capacities; Terry Kniesel, in their individual
and official capacities; Raymond Ruotsalainen, in their individual and official capacities
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: September 12, 2024
Filed: September 19, 2024
[Unpublished]
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Before BENTON, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
The district court1 granted summary judgment in favor of defendants in this 42
U.S.C. § 1983 action brought by civilly committed detainees in the Minnesota Sex
Offender Program. After careful review of the record and the parties’ arguments on
appeal, we conclude that the district court, in its thorough and well-reasoned opinion,
properly granted summary judgment. See Morris v. Cradduck, 954 F.3d 1055, 1058
(8th Cir. 2020) (reviewing grant of summary judgment de novo). We also conclude
that the district court did not abuse its discretion in granting defendants’ motion to
exclude expert testimony. See Lancaster v. BNSF Ry. Co., 75 F.4th 967, 969 (8th
Cir. 2023) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.
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1The Honorable Nancy E. Brasel, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Elizabeth
Cowan Wright, United States Magistrate Judge for the District of Minnesota.
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