North Dakota 1983 Law
Allen Tomlinson v. McLean County, et al.
Minot, North Dakota personal injury lawyers <a href="http://www.morelaw.com/lawyers/atty.asp?f=Anders&l=Larson&i=131852&z=58702" target="_new">Anders Larson</a>, Mark V. Larson, Shelby Larson represented the Plaintiff who sued on civil rights violation theories under 42 U.S.C. 1983.<br> <br> Section 1983 provides an individual the right to sue state government employees and others acting "under co... More...
$0 (06-02-2024 - ND)State of North Dakota v. Robert John Pulkrabek
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Criminal Defense lawyer represented defendant with a terrorizing and disorderly conduct charge. </h2></font></b></i></font></center></center><br> <br> In 2015, Pulkrabek was charged with terrorizing, threatening public <br> servants, menacing, and disorderly conduct. On the day of the trial a pre-trial <br> conference was held in chambe... More...
$0 (06-08-2022 - ND)Henry H. Howe v. Steven Gilpin, Delicia Glaze, Scott Kraft, Barbar L. Whelan, et al.
Grand Forks, North Dakota civil rights lawyer represented Plaintiff, who sued Defendants on Constitutional rights violation theories under 42 U.S.C. 1983 claiming $999,000 in damages.<br> <br> Steven Gilpin, Delicia Glaze and Scott Kraft were at all times relevant to the causes of action, Special Agents of the North Dakota Bureau of Criminal Investigation (BCI), and a member of the Grand Forks Nar... More...
$0 (03-28-2022 - ND)Jean Kaspari v. Thomas Kaspari
<center><h3><font color="red"><h3><font color="red"> Bismarck, ND - Divorce lawyer represented appellant with appealing from a judgment awarding spousal support. </h3></font></b></i></center></font><br> <br> Jean and Thomas Kaspari married in 1983. The parties separated in <br> 2013. In 2019, Jean Kaspari filed for divorce. The district court ordered <br> Thomas Kaspari to pay interim spousal supp... More...
$0 (04-09-2022 - ND)Amy M. Axtman v. Myron A. Axtman
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented defendant contesting distribution of marital property. </h3></font></b></i></center></font><br> <br> This is an appeal from a divorce action that was commenced in 2017. The <br> only issue was division of the parties' marital property. Included as part of the <br> parties' marital property was Myron Axtm... More...
$0 (02-01-2022 - ND)Tyler Patel v. Jon Novaeck, Travis Moser and City of Fargo
Fargo, North Dakota civil rights lawyer represented Plaintiff, who sued Defendants under 42 U.S.C. 1983 claiming that they violated is Constitutionally guaranteed civil rights.... More...
$1 (10-04-2021 - ND)State of North Dakota v. Garett James Casatelli
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Garett Casatelli with <i> appealing from a corrected criminal judgment after he entered a conditional guilty plea to the charge of actual physical control of a motor vehicle with a blood alcohol concentration of 0.08 percent or greater.</h2></font></b></i></center><br> <br> On October 3, 2019, two Burleigh County d... More...
$0 (01-23-2021 - ND)Cody Michael Atkins v. State of North Dakota
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Cody Michael Atkins with <i> appealing from a district court order denying his motion to vacate a criminal judgment and withdraw his plea of guilty.</h2></font></b></i></center><br> <br> [¶2] In June 2015, Atkins pled guilty to violating an order prohibiting contact,<br> a class A misdemeanor. Atkins did not appe... More...
$0 (01-12-2021 - ND)Michael Allen Truelove v. State of North Dakota
Bismarck, ND - Terrorizing, Aggravated Assault, Gross Sexual Imposition, Interference with a telephone During an Emergency Call.<br> <br> <center><br> <table><br> <td><br> <img width="400" src=" https://www.nd.gov/docr/offenderlkup/images/47455.jpg"> <br> </td><br> </table><br> <h1> <font color="red"> </font> </h1><br> </center><br> <br> [¶2] Truelove was charged with terrorizing, aggravated... More...
$0 (09-10-2020 - ND)State of North Dakota v. Ross Thomas
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> In February 2017, the State charged Thomas with aggravated assault,<br> felonious restraint, terror... More...
$0 (04-02-2020 - ND)State of North Dakota v. Kelvin Antone McAllister
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> The State charged McAllister with aggravated assault on September 19,<br> 2018. The district court ... More...
$0 (04-02-2020 - ND)Agas Siz West Condominium Association v. Judy Solum
Agassiz West Condominium Association appeals from a county court judgment awarding Judy Solum $505.70 in an offset of mutual judgments against the parties. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.<br> <br> I<br> <br> Agassiz consists of three, four-plex residential buildings in West Fargo which were converted into a condominium p... More...
$0 (02-08-1995 - ND)Cheryl Lyons v. Travis Bateman and McKenzie County, North Dakota
<center><br> <h1><br> <font color="Blue">MoreLaw Suites</font><br> <font Color="red"><b>Legal Suites and Virtual Offices <br> 624 South Denver and 601 South Boulder</font><br> <a href="http://www.morelawsuites.com" target="_new">Click Here For More Information</a><br> 918-582-3993<br> </h1><br> </center><br> Fargo, ND - Cheryl Lyons sued Travis Bateman and McKenzie County, North Dakota on a civil ... More...
$1 (08-08-2019 - ND)Randy Jensen v. State of North Dakota
<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center><br> <center><br> <img width="300" src="https://www.nd.gov/docr/offenderlkup/images/21890.jpg"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> In June 2016, Jensen resolved three criminal cases by plea... More...
$0 (05-19-2019 - ND)Michele L. Brandt, as Trustee of the Michele L. Brandt Revocable Trust Agreement v. City of Fargo <p>And<p> Karen C. Wieland v.City of Fargo
<center><br> <img width="300" src="https://scontent-dfw5-2.xx.fbcdn.net/v/t1.0-9/13528665_1009185569135263_7238602156101803858_n.jpg?_nc_cat=104&_nc_ht=scontent-dfw5-2.xx&oh=05d0715587721ac4608a3d37a37c87be&oe=5CD26BB9"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> On December 5, 2016, the Fargo City Commission passed a resolution of necessity for property owned by Brandt re... More...
$0 (01-04-2019 - ND)State of North Dakota v.Mark Terrence Brown
<center><br> <h1><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Alfred&l=Morlan,%20Esq.&i=28591&z=74103&s=OK" target="_new">MoreLaw Helps Lawyers Make Money</a><br> <font><br> </h1></center><br> <br> <br> The State charged Brown with four separate acts of driving while his license was suspended after law... More...
$0 (01-04-2019 - ND)State of North Dakota v. Clyde Edward Pickens <table> <td>
Pickens moved to western North Dakota in 2011 with D.R. and her children, M.R. and C.R. After arriving, Pickens and D.R. began CTC Cleaning Services and performed construction cleanup work. Pickens lived with D.R. and helped care for her children.<br> [¶3] D.R. testified about an incident that occurred between her and Pickens on December 31, 2012. After an argument relating to the cleaning busine... More...
$0 (08-30-2018 - ND)Landon L. Michael v. Joshua Trevena and Ryan Chaffee
Landon Michael filed suit against Watford City, North Dakota, police officers<br> Joshua Trevena and Ryan Chaffee, alleging unlawful arrest and excessive force after<br> the officers were called to help resolve a family dispute. The district court granted<br> the officers summary judgment based on qualified immunity. Michael appeals.<br> I.<br> Michael was in possession of a set of keys to a truck... More...
$0 (08-08-2018 - ND)Rodney Brossart, et al. v. Kelly Janke, et al.
During confrontations that extended over two days at the Brossart family<br> farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both<br> Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s<br> wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,<br> and Nelson County, asserting federal claims under 42 U.S.C.... More...
$0 (06-19-2017 - ND)State of North Dakota v. Christian Dupree Hall <table> <td>
On October 1, 2015, Hall was arrested for possession of a controlled substance with intent to deliver after a search of his backpack revealed the presence of Oxycodone pills packaged in baggies. Hall made his initial appearance on October 2, 2015 and was charged with the offense by information on November 5, 2015 at the preliminary hearing. On December 7, 2015, Hall moved to suppress the evidence,... More...
$0 (05-26-2017 - ND)In the Matter of the Estate of Steven H. Harris Bruce G. Harris, Petitioner and Appellant v. Mary K. Harris, Respondent and Appellee <P> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">MoreLaw – Internet Performance Marketing</a> <P> <font color="red">Market Yourself Any and Everywhere in the US Free of Charge <P> If It Does Not Produce Calls to Your Office </font>
[¶1] Bruce Harris appeals a district court's order denying his N.D.R.Civ.P. 60(b) motion to vacate a judgment entered consistent with stipulations Bruce Harris entered into with the trustee and personal representative of Steven Harris's trust and estate. Bruce Harris argues the district court abused its discretion by not vacating the judgment for lack of mutual assent, misrepresentation, and frau... More...
$0 (02-28-2017 - ND)<b>Keith Kraft v. State of North Dakota</b>
In 2015, Kraft applied for post-conviction relief to vacate his 1983 drug delivery conviction. The State moved to dismiss, arguing his application was time-barred under N.D.C.C. § 29-32.1-01. Twenty-eight days after the State's motion, and before Kraft responded, the district court dismissed. The court denied Kraft's motion for reconsideration. Kraft appeals, arguing the district court erred by ... More...
$0 (12-27-2016 - ND)<b><h3>State of North Dakota v. Deven James Schmidt</b></h3>
In March 2014, a law officer served a misdemeanor bench warrant on Devin Lavallie, Deven Schmidt's roommate. Schmidt answered the door and informed the officer that Lavallie was sleeping inside the residence. The officer followed Schmidt inside the residence to Lavallie's bedroom, while another officer remained at the door. Schmidt went into his bedroom and closed the door while the officer execut... More...
$0 (09-22-2016 - ND)Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC
Monster is in the oil field construction, trucking, and rigging business. Rossco is in the business of providing various crane and rigging services. Goliath is a limited liability company with its principal place of business located in Grand Junction, Colorado, and it conducted business in North Dakota. Satterfield is Goliath's president and Karl Troestler was its chief financial officer. Both Ros... More...
$0 (09-08-2016 - ND)State of North Dakota v. Claude Joseph Mercier
According to testimony at the suppression hearing, at around 11 p.m. on May 4, 2015, Bismarck Police Officer April McCarthy was dispatched to an area for a report of suspicious activity. The identified caller described the suspect as a white male wearing a black t-shirt, and believed this suspect and a female individual were trying to rob him. When Officer McCarthy arrived near the scene, she obse... More...
$0 (08-18-2016 - ND)State of North Dakota v. Charles Lee Davis, II
In April 2011, the State charged Charles Davis II with murder and theft of a motor vehicle. Lynne Sullivan, a forensic psychologist at the State Hospital evaluated and diagnosed Davis with schizophrenia, paranoid type, and concluded he was not criminally responsible for his acts. Davis entered unopposed pleas of not guilty by lack of criminal responsibility to both charges under N.D.C.C. ch. 12.1-... More...
$0 (07-28-2016 - ND)Nathan Ratliff v. State of North Dakota
A jury found Nathan Ratliff guilty of robbery, burglary, aggravated assault, theft of property, and felonious restraint. We upheld Ratliff's conviction in State v. Ratliff, 2014 ND 156, 849 N.W.2d 183. Ratliff then filed an application for post-conviction relief in October 2014. Ratliff was appointed counsel, and counsel filed a supplemental application. The district court held a hearing and dismi... More...
$0 (06-30-2016 - ND)City of Fargo v. William Rakowski
Rakowski owns rental houses in Fargo. In November 2011 Fargo inspected one of the houses owned by Rakowski and found the garage was deteriorating, the siding on the house was deteriorating, two egress window wells were collapsing and one window was broken. Fargo notified Rakowski of the need for repairs and re-inspection. The house was re-inspected on December 12, 2011, December 29, 2011, January ... More...
$0 (04-19-2016 - ND)City of Grand Forks v. Jason William Gale
Gale was cited for driving under the influence on April 20, 1995. He retained attorney Henry Howe. Howe requested Gale sign a "limited power of attorney" that authorized Howe to appear in court on Gale's behalf. Gale signed the power of attorney, and it was filed with the district court. Howe requested a jury trial. Although the record does not contain information regarding plea negotiations that ... More...
$0 (03-26-2016 - ND)Welch Construction & Excavating, LLC v. Linh Duc Duong, d/b/a Classy Nails
Welch Construction sued Duong, alleging the parties contracted for Welch Construction to remodel a vacant retail space in Kirkwood Mall into a Classy Nails salon for $92,225. Welch Construction alleged it completed the work and Duong failed to pay the balance of $30,825 due under the contract. Duong answered and counterclaimed, denying he owed an outstanding balance under the contract and allegin... More...
$0 (03-20-2016 - ND)State of North Dakota v. Ruthie Michelle Mann
During the night of June 16, 2014, a Bismarck police officer approached a vehicle driven by Ruthie Mann. While talking with Mann, the officer detected alcohol, and Mann admitted to consuming alcohol. When Mann was unable to complete field sobriety testing, the officer arrested her for driving under the influence. The officer informed Mann of her Miranda rights and read North Dakota's implied conse... More...
$0 (03-16-2016 - ND)Black Gold OilField Services, LLC, v. The City of Williston
Black Gold owns the Black Gold Williston Lodge, a temporary workforce housing facility commonly known as a man camp, which has 322 rooms and 400 beds primarily for workers in the Bakken oilfield and was initially located on land outside the Williston city limits in Williams County. Black Gold has operated the Lodge since March 2011, initially operating under a temporary use permit issued by Willia... More...
$0 (02-22-2016 - ND)State of North Dakota v. Sean Michael Kovalevich
Kovalevich was charged with two counts of gross sexual imposition and one count of corruption of a minor. The State alleged Kovalevich engaged in a sexual act with a minor female at Canad Inns, a hotel in Grand Forks.<br> At the October 2013, jury trial a Canad Inns employee testified about the hotel's reservation system and the hotel's records for Kovalevich's reservation at the hotel, including ... More...
$0 (02-01-2016 - ND)State of North Dakota v. Danny Birchfield
Danny Birchfield appeals from a criminal judgment entered on a conditional plea of guilty to class B misdemeanor refusal to submit to a chemical test in violation of N.D.C.C. § 39-08-01, reserving his right to appeal the district court's denial of his motion to dismiss the charge on constitutional grounds. Because we conclude the criminal refusal statute does not violate Birchfield's rights under... More...
$0 (02-01-2016 - ND)Markgraf v. Welker
Markgraf and Shanahan brought an action against Welker and Ostrem to quiet title to minerals in and under property located in Mountrail County, described as:<br> <br> <br> Township 154 North, Range 93 West<br> Section 17: N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4<br> Township 156 North, Range 93 West<br> Section 25: SW1/4<br> <br> Township 156 North, Range 92 West<br> Section 19: E1/2NW1/4, Lots 1 & 2<br>... More...
$0 (12-31-2015 - ND)Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC,
In 2013, Arrow, a Delaware limited liability company, hired 3 Bears, a North Dakota limited liability company, to be the general contractor for the construction of a pipeline located on a right-of-way easement acquired by Arrow from the Bureau of Indian Affairs over Indian trust land on the Fort Berthold Indian Reservation. See 25 U.S.C. §§ 321 and 323. The easement was "for the purpose of insta... More...
$0 (12-30-2015 - ND)Poppe v. Stockert
Undisputed evidence shows the Poppes rented a house from Hillis for five years, until February 4, 2013 when Hillis served them with an eviction notice for unpaid rent. The district court ordered the Poppes to vacate the property by February 20 at 12:00 p.m. and entered a money judgment against them for $1,544 for past due rent. The Poppes requested and received permission from Hillis to remain on ... More...
$0 (11-28-2015 - ND)MKB Management Corp. v. Wayne Stenehjem
This case presents the question whether, given the current state of medical<br> science, a state generally may prohibit physicians from aborting unborn children who<br> possess detectable heartbeats. The district court 1 held that it may not. Because<br> United States Supreme Court precedent does not permit us to reach a contrary result,<br> we affirm.<br> I.<br> North Dakota has, for a number of ... More...
$0 (07-22-2015 - ND)Harry W. Chornuk v. Craig Nelson
[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...
$0 (12-22-2014 - ND)Nodak Mutual Insurance Company v. Eric Bahr-Renner
[¶1] Eric Bahr-Renner, Sara Daede, Ashley Collins, J.C. (a minor), Emily Young, and Kenneth McCoy (collectively "claimants") appeal from a judgment that only the lower, "step-down" policy limits in an automobile insurance policy were available for their damages sustained in an automobile accident. We affirm, concluding the district court's finding of fact that Mary Gwyther was not a resident of h... More...
$0 (02-20-2014 - ND)