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STERRY v. DEPARTMENT OF CORRECTIONS

A22-0829.

986 N.W.2d 715 (2023)

Nicholas W. STERRY, Appellant, v. MINNESOTA DEPARTMENT OF CORRECTIONS (DOC), Respondent, and Correctional Officer Ashley Youngberg, in her individual and official capacities, Defendant.

Court of Appeals of Minnesota.

Filed March 13, 2023.

Attorney(s) appearing for the Case

Zorislav R. Leyderman , The Law Office of Zorislav R. Leyderman, Minneapolis, Minnesota (for appellant).

Keith Ellison , Attorney General, Anna Veit-Carter , Assistant Attorney General, St. Paul, Minnesota (for respondent).

Considered and decided by Bratvold, Presiding Judge; Jesson, Judge; and Klaphake, Judge.

OPINION

Appellant Nicholas Sterry challenges the district court's dismissal of the tort claims in his complaint against respondent Minnesota Department of Corrections (the department) for failure to state a claim upon which relief can be granted under Minn. R. Civ. P. 12.02(e). In 2021, Sterry sued the department and others...

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