Marc Amouri Bakambia v. Stephen Craane, M.D.

United States Court of Appeals
For the Eighth Circuit
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No. 24-1489
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Marc Amouri Bakambia
lllllllllllllllllllllPlaintiff - Appellant
v.
Stephen Craane, M.D.; in their individual and official capacities; Luke DeHaan,
P.T.; in their individual and official capacities; Louis Shicker, M.D.; in their
individual and official capacities; Carol Lu, M.D.; in their individual and official
capacities; Jay J. Bauder, M.D.; in their individual and official capacities; Genet
Ghebre, N.P.; in their individual and official capacities; Dr. Michael Koeplin,
Surgeon; in their individual and official capacities; Paul Schnell, Commissioner of
Corrections; in their individual and official capacities; Michelle L. Smith, Deputy
Commissioner; in their individual and official capacities; Nanette Larson, Director
of the Health Services Unit; in their individual and official capacities; Guy Bosch,
Warden at MCF-STW; in their individual and official capacities; Victor
Wanchena, Asst. Warden of Admin. at MCF-STW; in their individual and official
capacities; Marisa Williams, Asst. Warden of Admin. at MCF-STW; in their
individual and official capacities; James Amsterdam, M.D.; in their individual and
official capacities; Tina Sneen, Asst. Dir. of Nursing; in their individual and
official capacities; Kathryn Reid, R.N.; in their individual and official capacities;
Amber Swanson, R.N.; in their individual and official capacities; John Demay,
R.N.; in their individual and official capacities; Sara Hard, R.N.; in their
individual and official capacities; Nikki Candor, R.N.; in their individual and
official capacities; Cheryl Cole, R.N.; in their individual and official capacities;
Dan Moe, Asst. Warden of Admin.; in their individual and official capacities;
Steve Renstrom, Case Worker; in their individual and official capacities; Susan
Norton, MCF-STW Paralegal; 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: August 26, 2024
Filed: August 29, 2024
[Unpublished]
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Before KELLY, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Minnesota inmate Marc Bakambia appeals following the district court’s1
dismissal of his pro se civil rights action. Having carefully reviewed the record and
the parties’ arguments on appeal, we find no basis for reversal; however, we modify
the dismissal of Bakambia’s official-capacity claims arising under the Minnesota
Government Data Practices Act to be without prejudice. See East v. Minnehaha
Cnty., 986 F.3d 816, 820 (8th Cir. 2021) (de novo review of grant of motion to
dismiss); Hart v. United States, 630 F.3d 1085, 1091 (8th Cir. 2011) (affirming
dismissal based on sovereign immunity, but modifying dismissal to be without
prejudice).
The judgment is affirmed as modified. See 8th Cir. R. 47B. We deny
Bakambia’s pending motion.
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1The Honorable Patrick J. Schiltz, Chief Judge, United States District Court for
the District of Minnesota, adopting the report and recommendations of the Honorable
David T. Schultz, United States Magistrate Judge for the District of Minnesota.
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