Cited by
Opinions in Minnesota that cite Mumm v. Mornson, 708 N.W.2d 475.
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Wade Sotona and Kristine Sotona, as co-trustees for the next-of-kin of Brody Sotona, decedent, Appellants,
Minn. Ct. App. 2017
We find the argument unconvincing because, as the supreme cou rt has previously noted, “police pursuits by definition are emergency situations.”
- Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
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Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, …
Minn. Ct. App. 2017
“Official immunity enables public employees to perform their duties effectively, without fear of personal liability that might inhibit the exercise of their independent judgment.” (citation omitted).
- Joan Nichols, Respondnet v. State of Minnesota, Office of the Secretary of State Minn. Ct. App. 2016
- Joan Nichols, Respondnet v. State of Minnesota, Office of the Secretary of State Minn. Ct. App. 2016
- Nathan Kariniemi v. City of Rockford 882 N.W.2d 593 Minn. 2016
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Nathan Kariniemi v. City of Rockford
882 N.W.2d 593
Minn. 2016
and then granting official immunity to defendants, “physicians and surgeons,” who were “appointed by the court commissioner in accordance with [applicable statutory authority] to examine plaintiff and report to the court as to her mental condition,” actions that were “in the scope of their duties” and therefore “within the protection of the rule and immune from suit”); -93 (Minn. 2006) (applying official immunity to the discretionary decisions of a police officer in a high-speed pursuit); (recog
- Jessica Kelly, as Trustee for the heirs and next-of-kin of Richard Roy Washburn v. Kraemer Construction, Inc. Minn. Ct. App. 2016
- Jessica Kelly, as Trustee for the heirs and next-of-kin of Richard Roy Washburn v. Kraemer Construction, Inc. Minn. Ct. App. 2016
- Delmer v. Fladwood v. City of St. Paul Minn. Ct. App. 2016
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Delmer v. Fladwood v. City of St. Paul
Minn. Ct. App. 2016
-91 (Minn. 2006); d 669, 673-74 (Minn. 2006); -07 (Minn. 2004); S.W.
- State of Minnesota v. Richard Ellis Hill 871 N.W.2d 900 Minn. 2015
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State of Minnesota v. Richard Ellis Hill
871 N.W.2d 900
Minn. 2015
Netland, d at 210 (-88, 490 (Minn. 2006)); see also Lewis, 523 U.S. at 846 (“[O]nly the most egregious official conduct can be said to be ‘arbitrary in the constitutional sense.’ ”) (quoting Collins, 503 U.S. at 126, 129 (other citations omitted)).
- McCullough and Sons, Inc. v. City of Vadnais Heights 868 N.W.2d 721 Minn. Ct. App. 2015
- McCullough and Sons, Inc. v. City of Vadnais Heights 868 N.W.2d 721 Minn. Ct. App. 2015
- Ethan Dean v. City of Winona 868 N.W.2d 1 Minn. 2015
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Ethan Dean v. City of Winona
868 N.W.2d 1
Minn. 2015
A complaint should put a “defendant on notice of the claims against him.”
- Wallace Armstrong v. Hasbargen Logging, Inc., State of Minnesota Minn. Ct. App. 2015
- Wallace Armstrong v. Hasbargen Logging, Inc., State of Minnesota Minn. Ct. App. 2015
- Patricia Briggs, individually and o/b/o Eddie Briggs v. Officer Don Rasicot, individually and as aCrookston Police Department Officer 867 N.W.2d 217 Minn. Ct. App. 2015
- Patricia Briggs, individually and o/b/o Eddie Briggs v. Officer Don Rasicot, individually and as aCrookston Police Department Officer 867 N.W.2d 217 Minn. Ct. App. 2015
- Richard O. Erickson v. Neatons' Crane Service, Inc., Capstone Homes, Inc., and Neatons' Crane Service, Inc., Third Party … Minn. Ct. App. 2015
- Richard O. Erickson v. Neatons' Crane Service, Inc., Capstone Homes, Inc., and Neatons' Crane Service, Inc., Third Party … Minn. Ct. App. 2015
- Lisa Miller v. Dan Marosok, Forest Lake Area High School d/b/a Independent School District 831 Minn. Ct. App. 2015
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Lisa Miller v. Dan Marosok, Forest Lake Area High School d/b/a Independent School District 831
Minn. Ct. App. 2015
Ministerial functions are “absolute, certain and imperative, involving merely the execution of a specific duty arising from fixed and designated facts.” d 475, 490 (Minn. 2006) (quotation omitted).
- Michelle Kirchner v. Patricia Jernell, Turpen Realty Minn. Ct. App. 2014
- Michelle Kirchner v. Patricia Jernell, Turpen Realty Minn. Ct. App. 2014
- Douglas Speltz v. Interplastic Corporation, and third party v. Egan Company, Respondent./li> Minn. Ct. App. 2014
- Douglas Speltz v. Interplastic Corporation, and third party v. Egan Company, Respondent./li> Minn. Ct. App. 2014
- Juan Edward Shariss v. City of Bloomington 852 N.W.2d 278 Minn. Ct. App. 2014
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Juan Edward Shariss v. City of Bloomington
852 N.W.2d 278
Minn. Ct. App. 2014
on the nature of the act.” (quoting Anderson, d at 656) (internal quotation marks omitted).
- State of Minnesota v. Ronald James Chasingbear Minn. Ct. App. 2014
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State of Minnesota v. Ronald James Chasingbear
Minn. Ct. App. 2014
of Sacramento v. Lewis, 523 U.S. 833, 842, 118 S. Ct. 1708, 1714 (1998); see also Graham v. Connor, 490 U.S. 386, 395, 109 S. Ct. 1865, 1871 (1989) (“Because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct [of alleged excessive force], that Amendment, not the more gen
- Vassallo ex rel. Brown v. Majeski 842 N.W.2d 456 Minn. 2014
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Vassallo ex rel. Brown v. Majeski
842 N.W.2d 456
Minn. 2014
(citing Elwood, d at 679 ).
- State v. Wiseman 816 N.W.2d 689 Minn. Ct. App. 2012
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State v. Wiseman
816 N.W.2d 689
Minn. Ct. App. 2012
at 1716-17 ; Slusarchuk v. Hoff, 346 F.3d 1178 , 1181-82 (8th Cir.2003)
- Curtis v. Altria Group, Inc. 792 N.W.2d 836 Minn. Ct. App. 2010
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Curtis v. Altria Group, Inc.
792 N.W.2d 836
Minn. Ct. App. 2010
“In reviewing an appeal from the denial of summary judgment, we must determine whether there are genuine issues of material fact and whether the district court erred in applying the law.”
- Erdman v. LIFE TIME FITNESS, INC. 788 N.W.2d 50 Minn. 2010
- Erdman v. LIFE TIME FITNESS, INC. 788 N.W.2d 50 Minn. 2010
- State v. Netland 762 N.W.2d 202 Minn. 2009
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State v. Netland
762 N.W.2d 202
Minn. 2009
A cognizable claim under this standard must describe “egregious” governmental conduct, and we have said that “[o]nly the most extreme instances of governmental misconduct satisfy this exacting standard.” 490 (Minn.2006) (holding that an officer’s use of deadly force to stop a dangerous car chase did not shock the conscience because “[a]n officer’s poor judgment in using unreasonable force does not automatically convert the officer’s acts into conscience shocking conduct”).
- City of Waite Park v. Minnesota Office of Administrative Hearings 758 N.W.2d 347 Minn. Ct. App. 2008
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City of Waite Park v. Minnesota Office of Administrative Hearings
758 N.W.2d 347
Minn. Ct. App. 2008
Although a pleading need not specify the particular provisions “that form the basis of [a party’s] claims,” it “should put the defendant on notice of the claims against him.” (holding that allegations of specific “unconstitutional acts” by police officers engaged in vehicle pursuit were sufficient to state Fourth Amendment claims).
- Augustine v. Arizant Inc. 751 N.W.2d 95 Minn. 2008
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Augustine v. Arizant Inc.
751 N.W.2d 95
Minn. 2008
“In reviewing an appeal from the denial of summary judgment, we must determine whether there are genuine issues of material fact and whether the district court erred in applying the law,” and “we must consider the evidence in the light most favorable to the nonmoving party.”
- Phillips v. State 725 N.W.2d 778 Minn. Ct. App. 2007
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Phillips v. State
725 N.W.2d 778
Minn. Ct. App. 2007
Our supreme court has adopted that same standard in a non-employment setting, explaining that “[a] cognizable claim of a Fourteenth Amend *786 ment substantive due process violation must describe governmental conduct so egregious that it shocks the conscience.” Mumm v. Mornson
- Pahnke v. Anderson Moving and Storage 720 N.W.2d 875 Minn. Ct. App. 2006