McDonough v. Anoka Cnty.

• Decision Date: 20 August 2015
• Docket Number: Nos. 14–1754,14–1756,14–1765,14–1974.,s. 14–1754
• Citation: 799 F.3d 931
• Parties: Johanna Beth McDONOUGH, Plaintiff–Appellant v. ANOKA COUNTY; Benton County; City of Bloomington; City of Brooklyn Center; City of Brooklyn Park; City of Burnsville ; Carver County; City of Coon Rapids ; Dakota County Communications Center; City of Eagan; City of Elk River; City of Eveleth; City of Fergus Falls; Goodhue County; City of Hancock; Hennepin County; City of Hopkins; City of Isanti; City of Maple Grove ; City of Minneapolis; City of Minnetonka ; Morrison County; City of Mound; City of Mounds View ; City of New Brighton; City of New Hope ; City of New Prague; City of Northfield; City of Owatonna; Ramsey County; City of Redwood Falls; Renville County; Rice County; City of Richfield; City of Rochester; City of Roseville; Sherburne County; City of St. Anthony; City of St. Paul; Stearns County; City of Wayzata ; Wright County; Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety; Ramona Dohman, acting in her individual capacity as Commissioner of the Minnesota Department of Public Safety; John and Jane Does, (1–500) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other law-enforcement agencies or Al's Auto Sales Inc.; 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, and other entities sited in Minnesota and federal departments and agencies; City of Apple Valley; City of South St. Paul; South Lake Minnetonka Police Department, Defendants–Appellees. Brooke Nicole Bass, Plaintiff–Appellant v. Anoka County; Benton County; Blue Earth County ; Carver County; Chisago County; Clay County; Cook County; Crow Wing County; Dakota County; Dodge County; Goodhue County; Hennepin County; Houston County; Kandiyohi County; Lyon County; McLeod County; Morrison County; Murray County; Pipestone County; Ramsey County; Rice County; Scott County; Sherburne County; Stearns County; Washington County; Wright County; City of Alexandria; City of Anoka; City of Apple Valley; City of Appleton; City of Becker; City of Bemidji; City of Big Lake; City of Blaine; City of Bloomington; City of Brooklyn Center; City of Brooklyn Park; City of Burnsville ; City of Champlin; City of Cottage Grove; City of Crystal; City of Dayton; City of Eagan; City of Elk River; City of Elko New Market ; City of Fairmont; City of Faribault; City of Farmington; City of Forest Lake ; City of Fridley ; City of Gaylord; City of Hopkins; City of Inver Grove Heights ; City of Jackson; City of Jordan; City of Kasson; City of Maple Grove ; City of Maplewood; City of Marshall; City of Medina; City of Minnetonka ; City of Minnetrista; City of Moorhead; City of Morris; City of Mounds View ; City of New Hope ; City of New Ulm; City of North Mankato; City of North St. Paul ; City of Oakdale; City of Osseo; City of Plymouth; City of Princeton; City of Prior Lake; City of Ramsey; City of Richfield; City of Robbinsdale; City of Rosemount; City of Roseville; City of Sartell; City of Savage; City of Shakopee; City of Slayton; City of Sleepy Eye; City of Spring Lake Park; City of St. Anthony; City of St. Cloud ; City of St. Francis; City of St. Joseph; City of St. Louis Park; City of Stillwater; City of Two Harbors; City of Wayzata ; City of West St. Paul ; City of Winona; Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety; Mona Dohman, acting in her individual capacity as Commissioner of the Minnesota Department of Public Safety; John Does; Jane Does, 1–500, acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other named law-enforcement agencies; Entity Does, 1–50, including cities, counties, municipalities, and other entities sited in Minnesota and federal departments and agencies; 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, Defendants–Appellees. Dawn Mitchell, Plaintiff–Appellant v. Aitkin County; City of Aitkin; Anoka County; City of Anoka; City of Arlington; Beltrami County; City of Blaine; City of Bloomington; City of Brooklyn Park; Carver County; City of Champlin; Chisago County; Cook County; City of Cottage Grove; City of Crosslake; Dakota County; Freeborn County; Hennepin County; City of Hopkins; Kandiyohi County; City of Lake Shore ; City of Lakeville; City of Maple Grove ; City of Maplewood; City of Marshall; County of McLeod; City of Minneapolis; City of Minnetonka ; Mower County ; City of Plymouth; Ramsey County; City of Red Wing; Rice County; City of Roseville; City of St. Francis; St. Louis County; City of St. Paul; Stearns County; Steele County; Wright County; Entity Does (1–50), including cities, counties, municipalities, and other entities sited in Minnesota; City of Woodbury; City of Blue Earth; City of Cannon Falls ; City of Crosby; City of Edina; City of Green Isle; City of Northfield; City of Rosemount; City of Wabasha; City of White Bear Lake ; John & Jane Does, 1–300, Defendants–Appellees. Brian Potocnik Plaintiff–Appellant v. Anoka County; Dakota County; Hennepin County; Sherburne County; City of Apple Valley; City of Big Lake; City of Biwabik ; City of Bloomington; City of Brooklyn Center; City of Brooklyn Park; City of Cambridge; City of Deephaven ; City of Dilworth; City of Eagan; City of Elk River; City of Farmington; City of Gilbert; City of Golden Valley; City of Hancock; City of Hoyt Lakes; City of Lake City; City of Lakeville; City of Moorhead; City of New Hope ; City of New Ulm; City of Redwood Falls; City of Rosemount; City of Virginia; City of Wells; Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety; Ramona Dohman, acting in her individual capacity and, in her official capacity for prospective relief only, as Commissioner of the Minnesota Department of Public Safety; John and Jane Does, (1–300) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the others named law-enforcement agencies; 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, (1–30) including cities, counties, municipalities, Defendants–Appellees. City of Duluth; St. Louis County; City of Minneapolis; City of St. Paul, Defendants.
• Court: U.S. Court of Appeals — Eighth Circuit

799 F.3d 931

Johanna Beth McDONOUGH, Plaintiff–Appellant

v.ANOKA COUNTY;

Benton County;

City of Bloomington;

City of Brooklyn Center;

City of Brooklyn Park;

City of Burnsville ;

Carver County;

City of Coon Rapids ;

Dakota County Communications Center;

City of Eagan;

City of Elk River;

City of Eveleth;

City of Fergus Falls;

Goodhue County;

City of Hancock;

Hennepin County;

City of Hopkins;

City of Isanti;

City of Maple Grove ;

City of Minneapolis;

City of Minnetonka ;

Morrison County;

City of Mound;

City of Mounds View ;

City of New Brighton;

City of New Hope ;

City of New Prague;

City of Northfield;

City of Owatonna;

Ramsey County;

City of Redwood Falls;

Renville County;

Rice County;

City of Richfield;

City of Rochester;

City of Roseville;

Sherburne County;

City of St. Anthony;

City of St. Paul;

Stearns County;

City of Wayzata ;

Wright County;

Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety;

Ramona Dohman, acting in her individual capacity as Commissioner of the Minnesota Department of Public Safety;

John and Jane Does, (1–500) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other law-enforcement agencies or Al's Auto Sales Inc.;

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, and other entities sited in Minnesota and federal departments and agencies;

City of Apple Valley;

City of South St. Paul;

South Lake Minnetonka Police Department, Defendants–Appellees.

Brooke Nicole Bass, Plaintiff–Appellant

v.Anoka County;

Benton County;

Blue Earth County ;

Carver County;

Chisago County;

Clay County;

Cook County;

Crow Wing County;

Dakota County;

Dodge County;

Goodhue County;

Hennepin County;

Houston County;

Kandiyohi County;

Lyon County;

McLeod County;

Morrison County;

Murray County;

Pipestone County;

Ramsey County;

Rice County;

Scott County;

Sherburne County;

Stearns County;

Washington County;

Wright County;

City of Alexandria;

City of Anoka;

City of Apple Valley;

City of Appleton;

City of Becker;

City of Bemidji;

City of Big Lake;

City of Blaine;

City of Bloomington;

City of Brooklyn Center;

City of Brooklyn Park;

City of Burnsville ;

City of Champlin;

City of Cottage Grove;

City of Crystal;

City of Dayton;

City of Eagan;

City of Elk River;

City of Elko New Market ;

City of Fairmont;

City of Faribault;

City of Farmington;

City of Forest Lake ;

City of Fridley ;

City of Gaylord;

City of Hopkins;

City of Inver Grove Heights ;

City of Jackson;

City of Jordan;

City of Kasson;

City of Maple Grove ;

City of Maplewood;

City of Marshall;

City of Medina;

City of Minnetonka ;

City of Minnetrista;

City of Moorhead;

City of Morris;

City of Mounds View ;

City of New Hope ;

City of New Ulm;

City of North Mankato;

City of North St. Paul ;

City of Oakdale;

City of Osseo;

City of Plymouth;

City of Princeton;

City of Prior Lake;

City of Ramsey;

City of Richfield;

City of Robbinsdale;

City of Rosemount;

City of Roseville;

City of Sartell;

City of Savage;

City of Shakopee;

City of Slayton;

City of Sleepy Eye;

City of Spring Lake Park;

City of St. Anthony;

City of St. Cloud ;

City of St. Francis;

City of St. Joseph;

City of St. Louis Park;

City of Stillwater;

City of Two Harbors;

City of Wayzata ;

City of West St. Paul ;

City of Winona;

Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety;

Mona Dohman, acting in her individual capacity as Commissioner of the Minnesota Department of Public Safety;

John Does;

Jane Does, 1–500, acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other named law-enforcement agencies;

Entity Does, 1–50, including cities, counties, municipalities, and other entities sited in Minnesota and federal departments and agencies;

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, Defendants–Appellees.

Dawn Mitchell, Plaintiff–Appellant

v.Aitkin County;

City of Aitkin;

Anoka County;

City of Anoka;

City of Arlington;

Beltrami County;

City of Blaine;

City of Bloomington;

City of Brooklyn Park;

Carver County;

City of Champlin;

Chisago County;

Cook County;

City of Cottage Grove;

City of Crosslake;

Dakota County;

Freeborn County;

Hennepin County;

City of Hopkins;

Kandiyohi County;

City of Lake Shore ;

City of Lakeville;

City of Maple Grove ;

City of Maplewood;

City of Marshall;

County of McLeod;

City of Minneapolis;

City of Minnetonka ;

Mower County ;

City of Plymouth;

Ramsey County;

City of Red Wing;

Rice County;

City of Roseville;

City of St. Francis;

St. Louis County;

City of St. Paul;

Stearns County;

Steele County;

Wright County;

Entity Does (1–50), including cities, counties, municipalities, and other entities sited in Minnesota;

City of Woodbury;

City of Blue Earth;

City of Cannon Falls ;

City of Crosby;

City of Edina;

City of Green Isle;

City of Northfield;

City of Rosemount;

City of Wabasha;

City of White Bear Lake ;

John & Jane Does, 1–300, Defendants–Appellees.

Brian Potocnik Plaintiff–Appellant

v.Anoka County;

Dakota County;

Hennepin County;

Sherburne County;

City of Apple Valley;

City of Big Lake;

City of Biwabik ;

City of Bloomington;

City of Brooklyn Center;

City of Brooklyn Park;

City of Cambridge;

City of Deephaven ;

City of Dilworth;

City of Eagan;

City of Elk River;

City of Farmington;

City of Gilbert;

City of Golden Valley;

City of Hancock;

City of Hoyt Lakes;

City of Lake City;

City of Lakeville;

City of Moorhead;

City of New Hope ;

City of New Ulm;

City of Redwood Falls;

City of Rosemount;

City of Virginia;

City of Wells;

Michael Campion, acting in his individual capacity as Commissioner of the Minnesota Department of Public Safety;

Ramona Dohman, acting in her individual capacity and, in her official capacity for prospective relief only, as Commissioner of the Minnesota Department of Public Safety;

John and Jane Does, (1–300) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the others named law-enforcement agencies;

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, (1–30) including cities, counties, municipalities, Defendants–Appellees.

City of Duluth;

St. Louis County;

City of Minneapolis;

City of St. Paul, Defendants.

Nos. 14–1754

14–1756

14–1765

14–1974.

United States Court of Appeals, Eighth Circuit.

Submitted: March 11, 2015.

Filed: Aug. 20, 2015.

Rehearing and Rehearing En Banc Denied Oct. 16, 2015.

Johanna Beth McDonough, Brooke Bass, Dawn Mitchell, and Brian Potocnik was Lorenz F. Fett, Jr., and Sonia Miller–Van Oort, argued, Jonathan A. Strauss, Kenneth Hiroyasu Fukuda, on the brief, Minneapolis, MN, for appellants.

Ramona Dohman and Michael Campion was Oliver J. Larson, AAG, argued, Saint Paul, MN, of appellees.

Jon K. Iverson, argued, Bloomington, MN, of city appellees.

Susan Marie Tindal, Bloomington, MN, Stephanie A. Angolkar, of Bloomington, MN, on the brief, for the City of Apple Valley, City of Big Lake, City of Biwabik, City of Bloomington, City of Brooklyn Center, City of Brooklyn Park, City of Cambridge, City of Deephaven, City of Dilworth, City of Eagan, City of Elk River, City of Farmington, City of Gilbert, City of Golden Valley, City of Hancock, City of Hoyt Lakes, City of Lake City, City of Lakeville, City of Moorhead, City of New Hope, City of New Ulm, City of Redwood Falls, City of Rosemount, City of Virginia and City of Wells.

Cheri M. Sisk, of St. Paul, MN, on the brief, for the City of St. Paul.

Gregory P. Sautter, Minneapolis, MN, on the brief, the City of Minneapolis.

Mark P. Hodkinson, Christopher J. Haugen, Minneapolis, MN, on the brief, the City of Edina.

Susan Marie Tindal, Stephanie A. Angolkar, Bloomington, MN, on the brief, for the City of Aitkin, City of Anoka, City of Arlington, City of Blaine, City of Bloomington, City of Blue Earth, City of Brooklyn Park, City of Cannon Falls, City of Champlin, City of Cottage Grove, City of Crosby, City of Crosslake, City of Green Isle, City of Hopkins, City of Lake Shore, City of Lakeville, City of Maple Grove, City of Maplewood, City of Marshall, City of Minnetonka, City of Northfield, City of Plymouth, City of Red Wing, City of Rosemount, City of Roseville, City of St. Francis, City of Wabasha, City of White Bear Lake and City of Woodbury.

Joseph E. Flynn, argued, Lake Elmo, MN, of county appellees.

Jamie L. Guderian of Lake Elmo, MN, on the brief, for Aitkin County, Beltrami County, Carver County, Chisago County, Cook County, County of McLeod, Freeborn County, Kandiyohi County, Mower County, Rice County, Sherburne County, Stearns County, Steele County and Wright County.

Toni Ann Beitz, Beth Ann Stack, Daniel Kaczor, Minneapolis, MN, on the brief of Hennepin County.

Amelia Jadoo, Hastings, MN, on the brief of Dakota County.

Nick Campanario, Duluth, MN, on the brief of St. Louis County.

Bryan Frantz, Anoka, MN, on the brief of Anoka County.

Kimberly Parker, Robert B. Roche, Saint Paul, MN, on the brief of Ramsey County.

Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.

Opinion

WOLLMAN, Circuit Judge.

In this consolidated appeal, Brooke Nicole Bass, Johanna Beth McDonough, Dawn Mitchell, and Brian Potocnik (collectively, Drivers) challenge the dismissal of their separate actions against numerous cities, counties, and other government entities, known and unknown (collectively, Local Entities); numerous unknown law enforcement or other government personnel and supervisors, officers, deputies, staff,...