ROSCHEN v. WABASHA COUNTY

Civil No. 13-2490 ADM/SER.

29 F.Supp.3d 1244 (2014)

James ROSCHEN, Megan Roschen, Laura Drazkowski, Kinsey Drazkowski, David Harms, Beverly Snow, Jerry Snow, Jerry Gelao, John Adams, Donna Adams, Virginia Kautz, Julie Porcher, Marlin Graves, Karen Graves, Debra Roschen, Steve Drazkowski, C. Merl Norman, and Anna Mae Norman, Plaintiffs, v. WABASHA COUNTY, Anoka County, Anoka County Community Corrections, Benton County, Blue Earth County, Blue Earth County Community Corrections, Josh Milow, Director of Blue Earth County Community Corrections, in his individual and official capacity, Chisago County, Dakota County, Dodge County, Douglas County, Faribault County, Goodhue County, Hennepin County, Jackson County, Lake County, Martin County, Mille Lacs County, Nicollet County, Olmsted County, Ottertail County, Ramsey County, Renville County, St. Louis County, Scott County, Steele County, Washington County, Winona County, Wright County, Mona Dohman, acting in her individual and official capacity as Commissioner of Public Safety, Lori Swanson, in her individual capacity and official capacity as Attorney General of Minnesota, Colonel Kevin Daly, in his individual capacity and official capacity as Chief of State Patrol of Minnesota, Lucinda Jesson, in her individual and official capacity as Commissioner of Minnesota Department of Human Services, Tom Roy, in his individual capacity and official capacity as Commissioner of Minnesota Department of Corrections, City of Austin, City of Cannon Falls, City of Chaska, City of Cloquet, City of Duluth, City of Eagan, City of Fairmont, City of Hastings, City of Lake City, Lakes Area Police Department, City of Medina, City of Minneapolis, City of Minnetonka, City of Oakdale, City of Park Rapids, City of Plainview, City of Prior Lake, City of Red Wing, City of Richfield, City of Rochester, City of Rosemount, City of Roseville, City of Sartell, City of St. Cloud, City of St. Paul, City of Staples, City of Stillwater, City of Wabasha, City of Waterville, City of Wells, City of White Bear Lake, City of Winona, Fond du Lac Police Department, Metro Transit Police Department, John and Jane Does (1-1000) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of law enforcement agencies sited in Minnesota, Department of Public Safety Does (1-30) acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety, Entity Does (1-50) including cities, counties, municipalities, district courts, court services, and other entities sited in Minnesota, Jeff Shorba in his individual capacity and official capacity as State Court Administrator, City of Deerwood, City of Goodview, City of Kasson, City of Kenyon, and City of Mantorville, Defendants.

United States District Court, D. Minnesota.

Signed June 26, 2014.


Attorney(s) appearing for the Case

William F. Mohrman, Esq., James V.F. Dickey, Esq., and Erick G. Kaardal, Esq., Mohrman, Kaardal & Erickson, P.A., Minneapolis, MN, on behalf of Plaintiffs.

Jessica E. Schwie, Esq., Jamie L. Guderian, Esq., and Joseph E. Flynn, Esq., Jardine Logan & O'Brien PLLP, Lake Elmo, MN, on behalf of Defendants Wabasha County, Benton County, Blue Earth County, Blue Earth County Community Corrections, Josh Milow, Chisago County, Dodge County, Douglas County, Faribault County, Goodhue County, Jackson County, Lake County, Martin County, Mille Lacs County, Nicollet County, Ottertail County, Renville County, Scott County, Steele County, Wabasha County, Washington County, Winona County, and Wright County.

Bryan D. Frantz, Esq., Anoka County Attorney's Office, Anoka, MN, on behalf of Defendants Anoka County, and Anoka County Community Corrections.

Amelia N. Jadoo, Esq., and Helen R. Brosnahan, Esq., Dakota County Attorney's Office, Hastings, MN, on behalf of Defendant Dakota County.

Toni A. Beitz, Esq., Beth A. Stack, Esq., and Daniel D. Kaczor, Esq., Hennepin County Attorney's Office, Minneapolis, MN, on behalf of Defendant Hennepin County.

Gregory J. Griffiths, Esq., Dunlap & Seeger, Rochester, MN, on behalf of Defendant Olmsted County.

Kimberly R. Parker, Esq., and Robert B. Roche, Esq., Ramsey County Attorney's Office, St. Paul, MN, on behalf of Defendant Ramsey County.

Nick D. Campanario, Esq., St. Louis County Attorney's Office, Duluth, MN, on behalf of Defendant Duluth County.

Katherine M. Swenson, Esq., John M. Baker, Esq., and Clifford M. Greene, Esq., Greene Espel PLLP, Minneapolis, MN, on behalf of Defendants City of Austin, City of Cannon Falls, City of Chaska, City of Cloquet, City of Eagan, City of Fairmont, City of Hastings, City of Lake City, Lakes Area Police Department, City of Medina, City of Minnetonka, City of Oakdale, City of Park Rapids, City of Plainview, City of Prior Lake, City of Red Wing, City of Richfield, City of Rochester, City of Rosemount, City of Roseville, City of Sartell, City of St. Cloud, City of Staples, City of Stillwater, City of Wabasha, City of Waterville, City of Wells, City of White Bear Lake, City of Winona, City of Deerwood, City of Goodview, City of Kasson, City of Kenyon, and City of Mantorville.

Nathan N. LaCoursiere, Esq., and M. Alison Lutterman, Esq., Duluth City Attorney's Office, on behalf of Defendant City of Duluth.

Gregory P. Sautter, Esq., Office of the City Attorney, Minneapolis, MN, on behalf of Defendant City of Minneapolis.

Kara M. Kisch, Esq., Office of the St. Paul Attorney, St. Paul, MN, on behalf of Defendant City of St. Paul.

Richard M. Dahl, Esq., and Brandi F. Erwin, Esq., Madigan, Dahl & Harlan, P.A., Minneapolis, MN, on behalf of Defendant Fond du Lac Police Department.

Daniel L. Abelson, Esq., Metropolitan Council, St. Paul, MN, on behalf of Defendant Metro Transit Police Department.


MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

Before the Court are Defendants' motions to dismiss and/or to sever [Docket Nos. 37 (Ramsey County), 41 (Anoka County, Anoka County Community Corrections), 43 (Dakota County), 44 (Hennepin County), 47 (City of Duluth), 50 (City of St. Paul), 56 (City...

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