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Jason Hiveley and Andrew Wolf recently obtained summary judgment in favor of a municipality and four of its officers in an important federal decision concerning the use of ketamine on individuals in police custody.

Just after midnight in the summer of 2015, Police were called to North Memorial Medical Center after a mentally unstable individual pointed a loaded firearm at hospital staff. Officers from multiple agencies, responded to the call and searched for the armed suspect. While searching, officers were confronted by an aggressive individual who remained combative and agitated throughout his interaction with police. For their safety, and the safety of the large crowd in the nearby emergency room, officers drew their firearms, had the individual lie down in the street, handcuffed him, and transported him to the hospital entrance where, at the direction of a medical doctor, a paramedic injected the individual with the anesthetic ketamine.

Plaintiff alleged that the officers used excessive force in detaining him and urged paramedics to inject him with ketamine in violation of his constitutional rights. In defense of the officers’ actions, Iverson Reuvers Attorneys moved for summary judgment, arguing the officers used no more force than necessary to detain the individual, and they could not be held responsible for the decisions of medical professionals on scene. The court granted summary judgment for the officers, finding their actions were reasonable and the individual’s “erratic behavior and remarks justified the force used.” The Court also determined the officers could not be held responsible for the medical decision to administer ketamine. The decision marks an important development in the emerging area of in-custody ketamine administration and makes clear that medical professionals—not law enforcement—are responsible for their own decisions.

 

In a matter of first impression, the Stearns County District Court dismissed a Complaint against St. Cloud and Costco Wholesale Corporation arising under the Minnesota Business Subsidy Act. The case arises from allegations from CGA, an association of citizens of the St. Cloud community, that St. Cloud’s sale of Heritage Park to Costco undervalued the property and constituted an improper subsidy under Minn. Stat. § 116J.994. The district court determined CGA did not timely file suit after St. Cloud’s response to its complaint. St. Cloud was represented by Jason Kuboushek and Paul Reuvers.

The Eighth Circuit affirmed the United States District Court of Minnesota’s denial of class certification in Orduno v. Pietrzak for a proposed class of individuals whose motor vehicle records were accessed impermissibly. The Circuit Court agreed, “the district court correctly observed that class members would ‘need to present evidence of the circumstances under which their particular information was accessed’ to address whether Pietrzak’s purpose in searching the database was impermissible. The circumstances of each obtainment will vary from class member to class member, so the court property concluded that ‘common questions’ would not predominate over individual determinations.”
The Court also affirmed the district court’s holding the City of Dayton was not directly liable for impermissible accesses. The Court further upheld the district court’s evidentiary decisions at trial, excluding evidence of unrelated accesses and the City’s response. Significantly, the Eighth Circuit upheld the district court’s 60% reduction of attorney’s fees, based on overstaffing, excessive billing, and limited success at trial. Susan Tindal and Stephanie Angolkar represented the City of Dayton and Pietrzak.

Susan Tindal presented at the June 27, 2019 City Attorney Legislative update on “Hot Topics in Employment Law.” Employment investigations and whistleblower claims were among the topics discussed.

Susan Tindal and Stephanie Angolkar presented at the MDLA Deposition Academy on February 15, 2019. Susan offered her expertise on deposition objections including how to make them and how to respond to them. Stephanie presented on preparing for and defending Rule 30(b)(6) depositions.

Susan Tindal presented at the April 19, 2018 Minnesota Association of Townships Town Review. Susan presented on employment topics in relation to the Open Meeting Law.

On April 27, 2018, Susan Tindal presented on Data Practices: Lessons Learned to County Attorneys, County Administrators, and Human Resources Personnel at a seminar sponsored by the Minnesota Counties Intergovernmental Trust and Minnesota County Attorneys Association.

Paul Reuvers and Susan Tindal presented at the February 9, 2018 City Attorney Conference on First Amendment Issues in Cities. Topics covered included maintaining order at public meetings, First Amendment rights and public employees, and the First Amendment and zoning enforcement.