The Honorable John R. Tunheim of the United States District
Court issued an Order on August 17, 2011 granting a motion for summary judgment
on the basis of qualified and official immunity by the City of Hibbing and
police officers who performed a civil standby during an automobile
repossession. During Plaintiffs Nicholaus and Jennifer Johnson’s fourth
vehicle repossession, the officers attempted to keep the peace while the
vehicle was hooked up to a tow truck on the street. The court concluded
the officers’ conduct did not rise to the level of state action and did not
rise to the level of any constitutional violation. The court also
dismissed Plaintiffs’ Monell and tort claims against the City and officers.
Jason M. Hiveley, Stephanie A. Angolkar, and Jon K. Iverson defended
the City of Hibbing and the officers.