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Civil

 

Dog Bites

Immunity

At issue here was whether respondent Minnesota State Patrol could be sued under Minn. Stat. § 347.22, the strict liability dog-bite statute. Appellant sued the State Patrol under the dog-bite statute after a State Patrol canine injured her during an unprovoked attack. The State Patrol moved to dismiss the statutory claim, arguing that it was immune from suit under the doctrine of sovereign immunity. The District Court denied the motion, and the State Patrol appealed. The Court of Appeals reversed and remanded in a precedential opinion, concluding that the State Patrol was immune from suit.

The Supreme Court held that the language of Minnesota’s dog-bite statute plainly, clearly, and unmistakably waives sovereign immunity for claims brought under the statute. Reversed and remanded.

A22-1545 Berrier v. Minn. State Patrol (Court of Appeals)

 

 

 

Criminal

 

Criminal Sexual Conduct

Sexual Contact

At issue here was whether Minn. Stat. § 609.343, subd. 1 (2020), prohibits an actor’s use of an object to make contact with a complainant’s intimate parts. That determination turns on the meaning of “sexual contact” which is defined in § 609.341, subd. 11(a)(i), as “the intentional touching by the actor of the complainant’s intimate parts.” Following a jury trial and a verdict of guilt, the District Court convicted petitioner of second-degree criminal sexual conduct. Petitioner petitioned for postconviction relief, contending that the evidence was insufficient to sustain his conviction because his conduct did not meet the statutory definition of “sexual contact.” The postconviction court denied the petition. The Court of Appeals affirmed the District Court order on the merits.

The Supreme Court held that § 609.343, subd. 1, prohibits an actor’s use of an object to make contact with a complainant’s intimate parts. Affirmed.

A22-1239 Wocelka v. State (Court of Appeals)

 

 

 

Orders

 

Attorney Discipline

Public Reprimand

Lonny L. Johnson was publicly reprimanded.

A23-1480 In re Johnson

 

 

 

Attorney Discipline

Suspension

Kevin K. Shoeberg was suspended from the practice of law for a minimum of 60 days.

A24-0099 In re Shoeberg

 

 

 

Administrative Orders

 

Minnesota Court of Appeals Special Rules of Practice

Amendment

The court adopted minor amendments to Rule 2 addressing arguing attorneys, effective July 12, 2024.

ADM10-8010 Minn. Court of Appeals Special R. Prac.