News

The Eighth Circuit Court of Appeals affirmed the defense verdict in Sandra Der v. Isanti County Deputy Sean Connolly January 25, 2012 in a published decision.  The case was tried in October 2010 before US District Court Judge Patrick Schiltz.  Plaintiff appealed the defense verdict arguing the Deputy bore the burden of proving consent to enter and exigent circumstances because a warrantless entry is presumed unreasonable.  The Eighth Circuit agreed with the majority of circuits and held conclusively a plaintiff retains the burden of proof throughout trial in a section 1983 suit.  The Deputy has only a burden of production which was satisfied by producing evidence through testimony regarding Plaintiff’s consent and the existence of a perceived emergency in the home.  The Court also agreed the emergency aid exception requires only an objectively reasonable basis someone inside the home needs immediate aid; that a PBT can be admitted to establish probable cause even though it lacks sufficient reliability to be admitted as substantive evidence; and, evidence of a subsequent unrelated event to show motive or intent is irrelevant in a section 1983 case.  Deputy Connolly was represented by Jason M. Hiveley and Andrea B. Wing.

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.

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.

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.

On August 26, 2011, after a 5-day trial, a district court jury determined the City of Owatonna was not negligent and not liable for injuries incurred by a City of Claremont firefighter when a wall collapsed on him during a June 2006 mutual aid fire in rural Steele County.  It was unfortunate a firefighter was injured, but that injury was the result of an accident and not negligence.  Jason J. Kuboushek and Susan M. Tindal represented the City of Owatonna.

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.

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.”

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.