The Honorable Steven P. Ruble issued a decision on November 15, 2011, following a bench trial, finding the City of Onamia was not responsible for an alleged unconstitutional taking of property stemming from a road improvement project. The City had authorized a developer to improve a road, provided it stayed within the established right-of-way. Unfortunately, the developer assumed there was a 66-foot right-of-way, when there was not. The landowner sued only the City seeking to compel the City to condemn the area of the encroachment. The Court found the City not liable for a taking where there was no intention to acquire the encroached upon area. Paul D. Reuvers and Jason J. Kuboushek defended the City of Onamia.
Archives for December 2011
Immunity For Use of Deadly Force
The Honorable Joan N. Ericksen of the United States District Court issued an Order on November 17, 2011 granting a motion for summary judgment on the basis of qualified immunity for a Litchfield police officer’s use of deadly force during a response to a 911 call reporting a drunk driver. The court analyzed the information received by the officer during the rapidly evolving circumstances including a report from a bystander the suspect was armed, the suspect’s threats to a bystander and the officer, his refusal to comply with commands, and his reach for a black object on his hip which appeared to be a holstered gun. The court concluded the officer did not violate the Fourth Amendment when he shot the suspect because his actions were based on an objectively reasonable belief the suspect posed a threat of serious physical harm to him or bystanders. The court also dismissed Plaintiffs’ claims against the City of Litchfield and tort claims against the officer. Jon K. Iverson and Stephanie A. Angolkar defended the City of Litchfield and its officer.
Drug Task Force Wins Jury Trial
On November 18, 2011, after a 4-day trial, a United States District Court jury determined officers from the Northwest Metro Drug Task Force did not cause unnecessary damage in violation of the Fourth Amendment during the execution of search warrants for narcotics documents and profits in former Crystal businesses “Casket Proof” and “Reality’s Fantasys Fashions.” Stephanie A. Angolkar and Jason M. Hiveley represented the Task Force.