Minnesota Immunity Law

Matthew Locke v. County of Hubbard, et al.

Minneapolis, Minnesota, personal injury lawyer represented the Plaintiff who sued on a excessive force civil rights violation. Matthew Locke sued Hubbard County, Sheriff Cory Aukes, and Chief Deputy Sheriff Scott Parks under 42 U.S.C. Â§ 1983 and Minnesota law, alleging that the officers used excessive force against him during an oil pipeline protest. The district and official immunity ... More...

$0 (09-17-2025 - MN)

Rebecca A. Niebuhr v. Jacob Sieberg, et al.

Mankato, Minnesota personal injury lawyer represented the Plaintiff on a wrongful death claim. Following a one-vehicle accident that happened at work and resulted in the death of the vehicle's passenger, that person's next of kin brought a wrongful-death action against the driver and the driver's parents who owned the vehicle. The district court determined that the driver was immune from ... More...

$0 (01-13-2025 - MN)

Cristina Berrier v. Minnesota State Patrol

Owatonna, Minnesota personal injury lawyer represented the Plaintiff on a dog-bite claim. Plaintiff sought to be compensated for the injuries and/or damages she suffered under "Minn. Stat. Â§ 347.22, arising out of injuries she sustained after being attacked by a dog owned by the State Patrol..." State claimed soverign immunity for claims under the dog-bite statute. <... More...

$0 (11-18-2024 - MN)

Molly Vogt v. MEnd Correctional Case, Inc., et al. </h2?

<h2> Minneapolis, Minnesota 1983 civil rights violation lawyer represented the Plaintiff. </h2> Joshua Vogt was arrested on January 2, 2020. According to the arresting officer's report, Mr. Vogt "behave[d] normally through the entire stop" and "did not appear to be . . . under the influence." Arriving at the Crow Wing County Jail around midnight, Mr. Vogt wa... More...

$0 (08-18-2024 - MN)

United States of America v. Andrew Albert Comeaux

Minneapolis, Minnesota felony firearm possession criminal defense lawyer represented Defendant, Andrew Albert Comeaux, age 38, who was charged with once count of felony in possession of a firearm. According to COMEAUX's guilty plea and documents filed with the court, on June 15, 2020, multiple law enforcement agencies executed a search warrant at COMEAUX's residence. During the search, la... More...

$0 (02-09-2021 - MN)

Anmarie Calgaro v. St. Louis County, et al.

<center> <img width="300" src="http://www.mnd.uscourts.gov/Courthouses/images/Mpls-02.jpg"> </center> Anmarie Calgaro sued several parties alleging violations of her parental rights over one of her minor children under the Due Process Clause of the Fourteenth Amendment. The district court1 granted the defendants’ dispositive motions and dismissed the complaint with p... More...

$0 (03-25-2019 - MN)

Janice Hustvet v. Allina Health System

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DSCN4811_8672029681010063961_1431378876508.jpg"> </center> Janice Hustvet sued her former employer, Allina Health System (“Allina”), alleging violations of the Americans with Disabilities Act (“ADA”) and the Minnesota Human Rights Act (“MHRA”), after Allina terminated Hustvet’s employmen... More...

$0 (12-08-2018 - MN)

Gabriel A. Storz v. Samuel J. Norlin

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DSCN4811_8672029681010063961_1431378876508.jpg"> </center> Brittany Karels brought an action under 42 U.S.C. § 1983 against Gabriel Storzand Samuel Norlin, in their individual capacities as officers of the Big Lake,Minnesota, Police Department. Karels alleged, inter alia, that the officers usedexcessive force in... More...

$0 (10-28-2018 - MN)

Catrina Johnson v. City of Minneapolis, et al.

Fearing for her safety, Catrina Johnson called the police. One of the officersresponding to the scene believed that Johnson kicked him. She had not, but Johnsonwas arrested based on that officer’s belief. Charges against Johnson were eventuallydropped and the officer now admits that Johnson did not kick him. Johnson sued the officer and the City of Minneapolis. The district court1 held that ... More...

$0 (08-24-2018 - MN)

Robin Kirkland Neal v. Daniel Ficcadenti

In the late evening hours of June 6, 2012, police officers responded to a call that a witness had seen a man retrieve a gun from a black sedan parked outside of Born’s Bar, a tavern located on Rice Street in Saint Paul, Minnesota. At the scene, the officers discovered a black sedan containing three occupants, none of whom perfectly matched the description of the suspect. After ap... More...

$0 (07-18-2018 - MN)

Paul Batsche v. Thomas E. Price

Appellants are trustees of the Twin City Pipe Trades Welfare Fund, which operates a self-insured, self-administered group health plan. In December 2014, the Fund paid a $762,663.90 fee to the U.S. Department of Health and Human Services, under the transitional reinsurance program in the Patient Protection and Affordable Care Act (ACA). See 42 U.S.C. § 18061(b)(1)(A) (“health ins... More...

$0 (11-28-2017 - MN)

Jodi L. Toedter v. Winona County and Hiawatha Valley Mental Health Center

Appellant challenges the district court’s grant of summary judgment in a wrongfuldeath action, arguing that the district court erred by: (1) determining that vicarious official immunity protected respondent county; (2) granting judgment in favor of deceased’s health care providers on appellant’s negligence claims for failure to establish a duty of care; and (3) granting judgm... More...

$0 (01-17-2017 - MN)

Jason Lee Bolstad vs. State of Minnesota

In 2003, a Kanabec County jury found appellant Jason Bolstad guilty of two counts of first-degree murder and two counts of second-degree murder in connection with the killing of Bolstad’s father, Gary Bolstad. Following the jury’s verdict, the district court sentenced Bolstad to life imprisonment without the possibility of release on the charge of first-degree premeditated... More...

$0 (03-23-2016 - MN)

State of Minnesota vs. Byron David Smith

Byron David Smith was convicted of two counts of first-degree premeditated murder related to the shooting deaths of two people. On direct appeal, Smith argues that the district court committed four types of error. The State, in turn, argues that the district court committed error in determining the appropriate restitution for the victims’ families. We affirm the conviction... More...

$0 (03-11-2016 - MN)

State Of Minnesota v. Washington-Davis

In August 2013, appellant Antonio Dion Washington-Davis was charged by amended complaint with seven prostitution-related offenses, which allegedly occurred between September 2010 and July 2012. The state also charged four of appellant's relatives with similar prostitution-related offenses: appellant's brother, Otis Washington; his uncles, Calvin Washington and Robert Washington; and the mother of ... More...

$0 (12-26-2015 - MN)

State Of Minnesota v. Washington-Davis

In August 2013, appellant Antonio Dion Washington-Davis was charged by amended complaint with seven prostitution-related offenses, which allegedly occurred between September 2010 and July 2012. The state also charged four of appellant's relatives with similar prostitution-related offenses: appellant's brother, Otis Washington; his uncles, Calvin Washington and Robert Washington; and the mother of ... More...

$0 (12-18-2015 - MN)

Darryl Colbert vs. State of Minnesota

Appellant Darryl Colbert was found guilty by a Hennepin County jury of the first degree murder of Robert Mitchell in December 2003, and was sentenced to life imprisonment without the possibility of release. We affirmed Colbert’s conviction on direct appeal. State v. Colbert (Colbert I), 716 N.W.2d 647, 649 (Minn. 2006). In July 2014, Colbert filed his sixth postconviction p... More...

$0 (10-21-2015 - MN)

Marcia Lee Stresemann vs. Lucinda Jesson

We granted review to answer the question “whether and under what circumstances prosecutorial immunity protects a person who is not a prosecutor.” Appellant Marcia Lee Stresemann is the sole owner of Affiliated Counseling Center, LLC (Affiliated). Respondent Catharine Morton-Peters was the Chief Investigator for the Medicaid Fraud Control Unit (MFCU) of the Minnesota Attor... More...

$0 (08-06-2015 - MN)

Mary D. Branch v. Officer Timothy Gorman

Mary D. Branch filed this action pursuant to 42 U.S.C. Â§ 1983 and Minnesota state law claiming officers of the Minneapolis Police Department violated her Constitutional rights when they arrested her. The district court granted summary judgment for defendants on the federal constitutional claims and dismissed the Minnesota state law claims. Branch appeals, arguing she proffered sufficient evide... More...

$0 (02-12-2014 - MN)

Mark A. Van Gelder v. June M. Johnson

Divorcing parents were required by a dissolution decree to engage a parenting consultant to resolve parenting disputes. The father sued the parenting consultant for negligence and breach of contract for her parenting-consultant decisions. The district court entered summary judgment dismissing the suit, holding that the consultant was entitled to quasi-judicial immunity. We hold that the district c... More...

$0 (10-22-2012 - MN)

Mario Molina-Gomes v. Joel Welinski

As part of a narcotics investigation, Owatonna police arranged for an undercover officer to make a payment to Mario Molina Campos for drugs supplied to an informant. The transaction did not go as planned, however. Molina Campos attempted to drive away, dragging along the undercover officer, and rammed an unmarked police vehicle blocking his path. At that point Sergeant Joel Welinski shot Molina Ca... More...

$0 (04-30-2012 - MN)

Nathson Fields v. Larry Wharrie and David Kelley

Nathson Fields was wrongly convicted of two murders. Twenty-five years after his ordeal began, he was exonerated, and he presently seeks money damages from those state officials he holds responsible for his conviction. Among others, he names Cook County, Illinois Assistant States Attorneys ("ASAâ€) Larry Wharrie and David Kelley, alleging that they induced false testimony during his trial and... More...

$0 (02-28-2012 - MN)

Paul C. Stepnes v. Peter Ritschel

Minneapolis Police Sergeant Peter Ritschel arrested Paul Stepnes without a warrant for running a contest which allegedly violated Minnesota gambling laws. Ritschel later obtained a search warrant and seized several items from the house where Stepnes was running the contest. Reporter Esme Murphy broadcast a news story about the contest and Stepnes's arrest on WCCO TV, a local CBS television statio... More...

$0 (12-09-2011 - MN)

Victoria Johnson v. James Carroll

Victoria Johnson filed suit against four Minneapolis police officers and the City of Minneapolis (City). Her claim against the officers under 42 U.S.C. Â§ 1983 alleged that they used excessive, unreasonable force against her, in violation of the Fourth and Fourteenth Amendments. Her claim against the City alleged a violation of the Minnesota Government Data Practices Act (DPA). Her state-law cla... More...

$0 (10-07-2011 - MN)

Joan Najbar v. The United States

Pursuant to the Federal Tort Claims Act (the FTCA), Joan Najbar filed this lawsuit against the United States alleging four state-law causes of action. The district court granted the government's motion to dismiss for lack of subject-matter jurisdiction, and Najbar appeals. We affirm, although on a ground different from that relied on by the district court. I. The government argues th... More...

$0 (08-12-2011 - MN)

Fond Du Lac Band v. Myron Frans

The Fond du Lac Band of Lake Superior Chippewa ("Bandâ€) sued the Commissioner of the Minnesota Department of Revenue to prevent taxation of the out-of-state pension income of Band members. The Band advances two arguments against the taxation: due process and preemption. The district court2 ruled for the Commissioner. Having jurisdiction under 28 U.S.C. Â§ 1291, this court affirms. T... More...

$0 (08-12-2011 - MN)

Tom Brady v. National Football League

This appeal arises from an action filed by nine professional football players and one prospective football player ("the Playersâ€) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, "the NFLâ€ or "the Leagueâ€). On March 11, 2011, a collective bargaining agreement between the League and a union represe... More...

$0 (07-08-2011 - MN)

Karim El-Ghazzawy v. Kay Berthiaume

Karim El-Ghazzawy brought suit against Officer Kay Berthiaume under 42 U.S.C. Â§ 1983 for violating his constitutional rights after Berthiaume arrested El-Ghazzawy due to his alleged sale of counterfeit watches to a pawn shop. The district court1 denied Berthiaume's motion for summary judgment, concluding she was not entitled to qualified immunity. Berthiaume contends the court erred because it ... More...

$0 (03-15-2011 - MN)

The Minch Family LLLP v. Buffalo-Red River Watershed

During contentious litigation in Minnesota state court, a judge entered an order authorizing the Buffaloâ€“Red River Watershed District (BRRWD) to "clean outâ€ or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of A. R. Minch's fields. The Minch Family LLLP, Lois A. Minch and trustee Roger J. Minch2 (collectively, Minch) later sued BRRWD, R... More...

$0 (12-15-2010 - MN)

Jackie Atkins v. United States Steel Workers of America, AFL-CIO, CLC, Local 187

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future. Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as "DFRâ€) to their members and are subject to suit for breach of that duty. In the case at bar, we... More...

$0 (06-22-2010 - MN)

Richard Joseph Jacobson v. Dan Mott

Richard Jacobson was arrested and detained by Deputy Sheriff Dan Mott for obstructing legal process with force, in violation of Minnesota Statute section 609.50. Jacobson sued Mott under 42 U.S.C. Â§ 1983, claiming that Mott violated his rights under the First, Fourth, and Fourteenth Amendments by arresting and detaining him without probable cause, and by fabricating charges against him so that ... More...

$0 (10-18-2010 - MN)

Youa Lee v. Officer Jason Anderson

Youa Vang Lee (Lee), as trustee for the heirs and next-of-kin of Fong Lee, filed suit against Minneapolis Police Officer Jason Andersen and the City of Minneapolis, among others, alleging a federal cause of action pursuant to 42 U.S.C. Â§ 1983 as well as state law tort claims arising from the death of Lee's son Fong Lee on July 22, 2006. Following a six-day trial, the jury returned a verdict fin... More...

$0 (08-11-2010 - MN)

Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. Â§ 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) ... More...

$0 (04-15-2010 - MN)

Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. Â§ 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) ... More...

$0 (04-15-2010 - MN)

C.N., etc. v. Willmar Public Schools

C.N., by and through her mother, J.N., appeals the dismissal of various federal claims against Willmar Public Schools, Independent School District No. 347 (the District), several officials affiliated with the District and her former special education teacher Lisa Van Der Heiden. We affirm. I. BACKGROUND When this action commenced, C.N., a special education student, attended fourth gr... More...

$0 (01-08-2010 - MN)

Alfred Flowers v. City of Minneapolis

Alfred Flowers appeals the district court's1 adverse grant of summary judgment in favor of Kevin Stoll and the City of Minneapolis on his several civil rights claims against both defendants, as well as his state-law defamation claim against Stoll. We affirm. I. We restate the relevant facts as described in a previous qualified-immunity appeal, Flowers v. City of Minneapolis, 478 F.3d... More...

$0 (03-18-2009 - MN)

David Riehm; Colleen Riehm v. John Engelking, in his individual capacity and his official capacity as Middle and High School Principal of Cook County Public Schools, et al.

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after... More...

$0 (08-25-2008 - MN)

David W. Sherbrooke v. City of Pelican

David Sherbrooke filed this action pursuant to 42 U.S.C. § 1983, claiming that the City of Pelican Rapids, Minnesota, and several of its police officers violated his constitutional rights. Specifically, Sherbrooke alleged that the officers violated his rights under the Fourth Amendment by stopping his car without probable cause and by recording one side of a conversation between Sherbrooke... More...

$0 (01-18-2008 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/supct/0708/OPA051698-0816.htm" target="_new">Mary Larson, et al. v. James Preston Wasemiller, M.D., et al.</a>

Appellants Mary and Michael Larson commenced this medical malpractice claim against respondent Dr. James Wasemiller, Dr. Paul Wasemiller and the Dakota Clinic for negligence in connection with the performance of gastric bypass surgery on Mary Larson. The Larsons also joined respondent St. Francis Medical Center as a defendant, claiming, among other things, that St. Francis was negligent in gra... More...

$0 (08-19-2007 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/supct/0708/OPA050045-0816.htm" target="_new">Nancy Becker and Michael Becker, individually and as parents and guardians for Nykkole E. Becker f/k/a Nykkole E. Rossini v. Mayo Foundation</a>

The adoptive parents of a child abused by her biological father sued the hospital that treated the child. The parents alleged that the hospital's physicians failed to prevent ongoing abuse. The district court granted the hospital's motion to strike three counts in the parents' complaint and ruled that the parents could not introduce evidence of the hospital's failure to report suspected child... More...

$0 (08-19-2007 - MN)