Government liability defense requires us to be knowledgeable in many areas of the law together with the overlay of unique laws applicable to public entities. Our knowledge of substantive areas of law within the government liability context includes the following areas:
- Police and law enforcement practices, including jails and other incarceration facilities
- Property, land use, real estate, construction, environment, and inverse condemnation
- Utilities, right of way, and access
- Contracts, competitive bidding, requests for proposal, and franchise agreements
- Personal injury and property damage (including constitutional and civil rights claims)
- Deprivation of civil rights to medical care, false imprisonment (72 hour holds), and general medical negligence
- General municipal law, including data practices and open meeting laws
- Layton v. Best, et al., 915 F.3d 543 (8th Cir. 2019). Obtained dismissal of City and police officers for allegations of excessive force in retraining arrestee and deliberate indifference to medical needs in an incident that led to arrestee’s death.
- Minn. Voters Alliance v. Ritche, et. al., 720 F.3d 1029 (8th Cir. 2013). Affirmed dismissal of first amendment rights claim against election officials holding that election officials had not deprived voters of the right to a meaningful vote, nor violated the rights of disabled voters.
- Bishop v. Glazier, 723 F.3d 957 (8th Cir. 2013). Affirmed dismissal of fourth amendment claim by motorist challenging police practices during stop and arrest on the basis of immunity.
- Cameo Homes v. Kraus-Anderson Constr. Co., 394 F.3d 1084 (8th Cir. 2005). Obtained dismissal of claims that challenged contractual rights and obligations under AIA construction and related development contracts.
- Movers Warehouse v. City of Little Canada, 71 F.3d 716 (8th Cir. 1995). Obtained dismissal of due process claim by bingo hall operator whose license was not renewed.
- City of N. Oaks v. Sarpal, 797 N.W.2d 18 (Minn. 2011). Obtained dismissal of property owner’s claim challenging city’s zoning ordinance and authority.
- Anderson v. Anoka Hennepin Indep. Sch. Dist. 11, 678 N.W.2d 651 (Minn. 2004). Obtained dismissal of negligence claim against school and its teacher arising out of use of table saw in woodworking class.
American Bar Association, DRI, Claims and Litigation Management Alliance (CLM), Minnesota State Bar Association, Minnesota Defense Lawyer Association, Government Liability Subcommittee, and Twin City Claims Association.