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.
News
2010 Rising Stars
Minnesota Law & Politics magazine recognizes up-and-coming lawyers who are under 40 years old, or are over 40 but practicing law for ten or fewer years. The magazine’s “Super Lawyers” nominate individuals for Rising Stars.
IVERSON REUVERS is pleased to announce Jason J. Kuboushek, Jason M. Hiveley, and Susan M. Tindal were selected as 2010 “Rising Stars.”
2010 Super Lawyers
Each year Minnesota Law & Politics magazine surveys attorneys across the state asking them to vote for the best lawyers they have personally observed in action. A panel of top vote recipients compiled a list representing the top five percent of lawyers licensed to practice in Minnesota.
IVERSON REUVERS is pleased to announce Jon K. Iverson and Paul D. Reuvers were again selected as 2010 Super Lawyers.
Kerrick Township Wins Appeal
On April 5, 2011, the Minnesota Court of Appeals determined Kerrick Township was entitled to summary judgment on a road vacation dispute. A Township resident claimed he was entitled to personal service of notice the Town Board was going to consider a road vacation petition. In a published opinion, the Court of Appeals decided the resident was not entitled to personally served notice because he was not an “affected landowner.” An “affected landowner” is a person whose land abuts the road in question. Because “Third Street [did] not pass through, or even abut appellant’s land,” he was not entitled to personal service. Kerrick Township was represented by Paul D. Reuvers and Andrea B. Wing.
Kanabec County Wins Jury Trial
On February 17, 2011, a federal jury determined Kanabec County Deputies and a Transport Officer did not violate the plaintiff’s constitutional rights when they arrested him outside his residence on the belief a warrant existed for his arrest. Kanabec County was represented by Jason M. Hiveley and Andrea B. Wing.
Susan Tindal Named an “Up & Coming Attorney”
Each year Minnesota Lawyer honors a group of lawyers relatively new to the profession as Up & Coming Attorneys. They are nominated by members of the Minnesota legal community for distinguishing themselves early in their legal career. The criteria to be nominated include: professional accomplishment or leadership service to the community and the profession. Congratulations to Susan M. Tindal for being named one of twenty-five Up & Coming Attorneys for 2011.
Jon Iverson Presents at Jail Personnel Conference
Jon K. Iverson was a featured speaker at the Jail Personnel Conference, held February 8 and 9. A copy of the handout is available here: CO Training Outline – Handout.
City of Avon Wins Appeal
The Minnesota Court of Appeals determined the City of Avon was entitled to summary judgment on a contract dispute. Respondent Nodland Construction Company, Inc. claimed it was entitled to a monetary judgment against the City under the terms of the construction contract. The City, on the other hand, maintained that under a separate written agreement, Nodland pledged any amounts owing under the construction contract as security for a failed development. The court determined the assessment security was an absolute guarantee of the developer’s obligation to pay the assessments and any claim Nodland had for the assessment security was against the developer. The City of Avon was represented by Paul D. Reuvers and Jason J. Kuboushek.