Cited by
Opinions in Minnesota that cite Mumm v. Mornson, 708 N.W.2d 475.
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In the Matter of a Public Safety Officer Kent Michael Vnuk (Deceased).
Minn. Ct. App. 2026
d 475, 492 (Minn. 2006) (“Widely-accepted rules of construction dictate that specific provisions control over general provisions.”).
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Matter of the
Minn. Ct. App. 2026
To support a substantive-due-process claim, “the government’s conduct [must be] ‘so egregious that it shocks the conscience.’” Brown, d at 503 (quoting Mumm 17 v. Mornson, ).
- In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz Minn. Ct. App. 2026
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In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz
Minn. Ct. App. 2026
“A cognizable claim of a Fourteenth Amendment substantive due process violation must describe governmental conduct so egregious that it ‘shocks the conscience.’” (citing Rochin v. California, 342 U.S. 165, 172-74 (1952)).
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Maxwell Harvey, Respondent,
Minn. Ct. App. 2025
Conduct at Issue Barlage argues that the district court erred by defining the conduct at issue as his “decision to allow Harvey to return to the match after he may have been knocked unconscious.” We must define the “precise governmental conduct at issue,” which, in a negligence action like this one, is the conduct the plaintiff alleges was negligent, Watson by Hanson v. Metro.
- In re Defense and Indemnification of Alexander Vladimir Brown Minn. Ct. App. 2025
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In re Defense and Indemnification of Alexander Vladimir Brown
Minn. Ct. App. 2025
(quotation omitted); d 900, 906 (Minn. 2015) (“In the context of executive action, .
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Abdikafi Fowzi Abdi, Appellant,
Minn. Ct. App. 2025
“[G]overnmental entities have the authority to eliminate by policy the discretion of their employees.”
- Peter Richard Rickmyer v. Xenos Letoi Brooks, Marva Wagner in her individual capacity, and in ... Minn. Ct. App. 2025
- Peter Richard Rickmyer v. Xenos Letoi Brooks, Marva Wagner in her individual capacity, and in ... Minn. Ct. App. 2025
- Jerry Lynn Schmidt, Appellant, Minn. Ct. App. 2025
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Virginia Rivas - Castro, Respondent,
Minn. Ct. App. 2025
A discretionary duty involves “individual professional judgment that necessarily reflects the professional goal and factors of a situation.” -91 (Minn. 2006) (quotation omitted).
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Nicholas C Vezzetti, Respondent,
Minn. Ct. App. 2025
“Official immunity enables public employees to perform their duties effectively, without fear of personal liability that might inhibit the exercise of their independent judgment.”
- Larry Schultz v. Nancy Johnston Minn. Ct. App. 2024
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Larry Schultz v. Nancy Johnston
Minn. Ct. App. 2024
Mumm v. Mornson, 4 (quotation omitted).
- Amanda Buxton, as trustee for the next-of-kin Tom Buxton, deceased, Appellant, Minn. Ct. App. 2024
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James W. Honcik, Appellant,
Minn. Ct. App. 2024
A discretionary duty “involves more individual professional judgment that necessarily reflects the professional goal and factors of a situation.” Mumm v. Mornson , -91 (Minn. 2006) (quotation omitted).
- Christine L. Rathbun v. Fillmore County Minn. Ct. App. 2024
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Christine L. Rathbun v. Fillmore County
Minn. Ct. App. 2024
see also Wiederholt, d at 315 (defining ministerial duties as those with no room for discretion and that are “absolute, certain, and imperative” (quotation omitted)).
- Lakecia Gant, as trustee for the next-of-kin of Raven Bianca Gant v. Daniel Ledman, in his ... Minn. Ct. App. 2024
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Lakecia Gant, as trustee for the next-of-kin of Raven Bianca Gant v. Daniel Ledman, in his ...
Minn. Ct. App. 2024
Anderson v. Anoka Hennepin Indep.
- Jaime Lindbom as Guardian Ad Litem for Emma Lindbom v. Becker Independent School District, 726, ... Minn. Ct. App. 2024
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Jaime Lindbom as Guardian Ad Litem for Emma Lindbom v. Becker Independent School District, 726, ...
Minn. Ct. App. 2024
on the nature of the act.” Vassallo, d at 462 (alteration in original) ().
- Sharon Falknor, Appellant, Minn. Ct. App. 2023
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Alexander Aguilar, Respondent,
Minn. Ct. App. 2023
(examining allegations in the complaint to determine the conduct at issue); (stating conduct challenged as asserted by plaintiff-respondents); Anderson v. Anoka Hennepin Indep.
- Minn. 2022
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Troy K. Scheffler, Appellant,
Minn. Ct. App. 2022
Qualified immunity shields government officials from civil liability if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” d 475, 483 (Minn. 2006) (citation omitted) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)).
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Lauren Peterson, Appellant,
Minn. Ct. App. 2022
“[T]he existence of a policy that sets a sufficientl y narrow standard of conduct will make a public employee’s conduct ministerial if he is bound to follow the policy.” Mumm v. Mornson
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Troy K. Scheffler, Appellant,
Minn. Ct. App. 2022
See Mumm v. Mornson , (noting that when plaintiff’s 7 constitutional claims lack specificity, courts will still address them if facts alleged sufficiently state a claim); (stating that Fourteenth Amendment equal-protection challenge requires showing by plaintiff
- Peter Gerard Lonergan, Appellant, Minn. Ct. App. 2022
- Kay L. Briden, Respondent, Minn. Ct. App. 2022
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Leon Bond, III, by and through Crystal Bond, his mother and natural guardian, Appellant,
Minn. Ct. App. 2022
The first step is to identify the alleged tortious conduct—“the precise governmental conduct at issue.”
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Amano McGann, Inc., Appellant,
Minn. Ct. App. 2021
” Halva, d at 503 (quotation omitted); (explaining that the object of a complaint is to “put the defendant on notice of the claims against him” ).
- A21-0043 Minn. Ct. App. 2021
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James Jesse Hunter, Appellant,
Minn. Ct. App. 2021
The primary purpose of a complaint is to “put the defendant on notice of the claims against him.” see Rogers v. Drewry, 264 N.W.
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Minn. 2021
See, e.g., County of Sacramento v. Lewis, 523 U.S. 833, 846 (1998); (applying the standard in an excessive force case).
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Andrew Ellis, et al., Respondents,
Minn. Ct. App. 2021
on the nature of the act.”
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Zane Vanschaick, Respondent,
Minn. Ct. App. 2021
Our role is to determine whether any genuine issues of material fact exist and “whether the district court erred in applyi ng the law.”
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Charles Richard Stone, Respondent,
Minn. Ct. App. 2021
See Behrens v. Pelletier, 516 U.S. 299, 313, 116 S. Ct. 834, 842 (1996) (determining collateral-order doctrine allowed immediate review of “abstract issue of law” related to qualified immunity); (“An order denying summary judgment on immunity grounds is immediately appealable.”).
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Brian John Blawat, et al., Appellants,
Minn. Ct. App. 2020
4 Government officials sued for damages under section 1983 may raise the affirmative defense of qualified or “good faith” immunity.
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Raymond L. Semler, Appellant,
Minn. Ct. App. 2020
“A cognizable claim of a Fourteenth Amendment substantive due process violation must describe governmental conduct so egregious that it shocks the conscience.” (quotation omitted).
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Nicholas Johnson and Michelle Johnson, individually and as parents and natural guardians of D.J., a minor, Appellants,
Minn. Ct. App. 2018
“In reviewing an appeal from the denial of summary judgment, [appellate courts] must determine whether there are genuine issues of material fact and whether the district court erred in applying the law.”
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David Berger, Respondent,
Minn. Ct. App. 2018
“Official immunity enables public employees to perform their duties effectively, without fear of personal liability that might inhibit the exercise of their independent judgment.” Mumm v. Mornson , (Mi nn.
- Favors v. Kneisel 902 N.W.2d 92 Minn. Ct. App. 2017
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Favors v. Kneisel
902 N.W.2d 92
Minn. Ct. App. 2017
A party alleging a constitutional violation, must demonstrate “governmental conduct so egregious that it shocks the conscience.” (quotation.omitted).
- Klapmeier v. Cirrus Industries, Inc. 900 N.W.2d 386 Minn. 2017
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Klapmeier v. Cirrus Industries, Inc.
900 N.W.2d 386
Minn. 2017
1 (2016) (explaining that the “special provision shall prevail and shall be construed as an exception to the general provision”); (‘Widely-accepted rules of construction dictate that specific provisions control over general provisions.”).
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Minn. 2017
1 (2016) (explaining that the “special provision shall prevail and shall be construed as an exception to the gener al provision”) ; (“Widely -accepted rules of construction dictate that specific provisions control over general provisions.”).
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State of Minnesota, ex rel., Joshua Sather, petitioner, Appellant,
Minn. Ct. App. 2017
guilt during treatment violates substantive due process because it “forces [him] to make a private, sexual admission that violates his deeply held personal belief that he is innocent.” When a petitioner frames his substantive due-process interests in light of a more “particular amendment,” that amendment applies, “not the more generalized notion of substantive due process.” (quotation omitted) .
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State of Minnesota, ex rel., Arturo Martinez, petitioner, Appellant,
Minn. Ct. App. 2017
Assuming, as Martinez claims, that he has a fundamental liberty interest in his release during his supervised-release term, he must show “governmental conduct so egregious that it shocks the conscience.” Mumm v. Mornson , (quotation omitted).