Riemers v. Anderson

• Decision Date: 03 June 2004
• Docket Number: No. 20030317, No. 20030318.
• Citation: 2004 ND 109,680 N.W.2d 280
• Parties: Roland C. RIEMERS, Plaintiff and Appellant v. Deputy Paul ANDERSON, Sheriff Michael Crocker, State's Attorney Stuart A. Larson, Traill County, Trooper David Pulju, Defendants and Appellees Patrolman Paul Borud, and City of Mayville, Defendants.
• Court: North Dakota Supreme Court

680 N.W.2d 280

2004 ND 109

Roland C. RIEMERS, Plaintiff and Appellant v. Deputy Paul ANDERSON, Sheriff Michael Crocker, State's Attorney Stuart A. Larson, Traill County, Trooper David Pulju, Defendants and Appellees

Patrolman Paul Borud, and City of Mayville, Defendants.

Nos. 20030317, 20030318.

Supreme Court of North Dakota.

June 3, 2004.

Roland C. Riemers, Grand Forks, N.D., pro se.

Ronald F. Fischer (argued) and Michael E. Scurry, Pearson Christensen, Grand Forks, N.D., for defendants and appellees Deputy Paul Anderson, Sheriff Michael Crocker, State's Attorney Stuart A. Larson, and Traill County.

Douglas Alan Bahr, Solicitor General, Attorney General's Office, Bismarck, N.D., for defendant and appellee Trooper David Pulju.

MARING, Justice.

[¶ 1] Roland C. Riemers appealed a district court memorandum decision and order for judgment¹ denying his motions for default judgment and summary judgment, granting defense motions for summary judgment, dismissing his complaints, and awarding costs and disbursements in his actions against Traill County Deputy Sheriff Paul Anderson, Traill County Sheriff Michael Crocker, Traill County State's Attorney Stuart Larson, the City of Mayville, Patrolman Paul Borud, and Trooper David Pulju. We conclude one claim is barred by the doctrine of collateral estoppel and the other has not been shown to have any basis in law or fact, and we affirm.

I

[¶ 2] On March 4, 2000, Riemers and his then-wife, Jenese A. Peters-Riemers, had an argument as Peters-Riemers was attempting to leave the marital residence with their son. Riemers broke a finger when he struck Peters-Riemers, fracturing a bone in Peters-Riemers' face. Riemers was arrested for assault. Peters-Riemers was not arrested.

[¶ 3] In 2003, Riemers sued Anderson, Crocker, Larson, Pulju, Borud, and the City of Mayville, alleging that, in responding to the altercation on March 4, 2000, officers "did ... falsely arrest Plaintiff for assault and failed to arrest the assaulter, Plaintiff's wife Jenese Peters-Riemers." Riemers further alleged:

4. That Officer Defendants ignored Plaintiff's injuries and domestic abuse and did not report, nor did they provide, or see that a physician provided, information regarding a domestic violence assault to the Plaintiff as required by N.D.C.C. 43-17-41. As a result, Plaintiff was not provided mandated assistance for his domestic abuse. Said denial due to sexual discrimination as well as lack of training by said officers by Respondent Superiors.

5. As a result of Plaintiff's arrest he was subsequently falsely prosecuted (K00-78) by Stuart Larson, States Attorney for the County of Traill. And on 24 April 2001 Plaintiff entered an Alfred plea of no-contest (rather than an admission to the facts underlying the crime in order to avoid the high cost of a jury trial).

6. As a result of this false arrest, lack of reporting and failure to arrest Jenese, on 14 March 2000 a Temporary Protection Order was placed against Plaintiff, and on 10 April 2000 one year Protection Order was placed against Plaintiff.

7. These orders, and various proceedings, resulted in Plaintiff being declared a domestic abuser and losing considerable assets, property, good reputation, custody and visitation with his infant son. As well as the denial of community resources for his domestic abuse and the infliction of severe emotional pain and distress on himself and his children from Jenese. 8. That Sheriff Michael Crocker, States Attorney Stuart Larson, the County of Hillsboro, and the City of Mayville, as Respondents Superior, have equally and separately been negligent in this matter by failing to provide said officers under their control the training and policies required for domestic abuse as required under N.D.C.C. 14-07.1-14.

9. As a result of such torturous or illegal acts, Plaintiff and his children have suffered the infliction of emotional pain, he has been falsely prosecuted for assault and domestic violence, sexually discriminated against, loss due process and equal protection rights under the state and federal constitutions, loss property, loss consortium with children, denied needed community domestic violence services, had attorney fees and legal costs, and loss reputation. For this Plaintiff asks judgment of $550,000 in compensatory damages and $10,000,000 in nominal damages, together, equally and separately against the Defendants. Plus any and all other remedies under tort, law or equity Plaintiff may be entitled to including but not limited to attorney fees, costs, and disbursements.

[¶ 4] Riemers also commenced another lawsuit against Crocker and Traill County, alleging he was arrested for assault on March 4, 2000, and incarcerated at the Traill County jail without being convicted of a crime. Riemers further alleged:

4. During the time of incarceration Plaintiff was not segregated from convicted persons or given better treatment appropriate to his status as an un-convicted person, or treated with humanity and respect by the jail staff and was also forced to wear an orange prison uniform.

5. Such treatment being a violation of Plaintiff's human rights as a non-convicted person under Part III, Article 10(1 & 2) of the International Covenant on Civil and Political Rights.

6. As a result of such denial of human rights Plaintiff suffered the infliction of emotional pain; was denied timely and needed community domestic violence and medical services; incurred additional attorney fees and legal costs; and suffered loss of reputation. For this Plaintiff asks a judgment of $1,000 in compensatory damages and $10,000 in nominal damages, equally and separately, against the Defendants. Plus any and all other remedies under law or equity he may be entitled to including attorney fees, costs, and disbursements.

[¶ 5] The trial court issued an order consolidating the two cases. The trial court issued an order dismissing Patrolman Paul Borud and the City of Mayville, in accordance with a stipulation of the parties. The trial court also issued an order for judgment dismissing Riemers' complaint against Pulju and the State, finding, among other things, that Pulju was sued in his official capacity as a Highway Patrol Officer; therefore, the lawsuit was against the State. The court ruled it lacked jurisdiction over either the State or Pulju, individually, because Riemers "did not effectuate service of the Summons and Complaint" on either the State or Pulju. The court also determined it lacked jurisdiction over the State because Riemers failed to present a written notice to the director of the office of management and budget within 180 days after his alleged injury, as required by N.D.C.C. § 32-12.2-04(1).

[¶ 6] On September 3, 2003, the trial court issued a memorandum decision and order for judgment denying Riemers' motions for default judgment and summary judgment, granting the Traill County defendants' motions for summary judgment, ordering entry of a judgment dismissing Riemers' complaints against the Traill County defendants, and awarding them their costs and disbursements. Defense affidavits averred Riemers was provided medical care before being incarcerated, and the trial court found Riemers provided "absolutely no evidence that he suffered from any serious injury that was not properly attended to while he was incarcerated for roughly 41 hours." The trial court further explained, among other things:

Of note, at the July 31, 2003 hearing Riemers indicated that probable cause existed to arrest and prosecute him for committing domestic violence on March 4, 2000. His complaint against the Traill County Defendants is apparently that they did not also arrest and prosecute Jenese for committing domestic violence. However, this Court notes that the North Dakota Supreme Court reviewed and rejected Riemers allegation that Jenese had also committed domestic violence in the subject March 4, 2000 incident....

With respect to Riemers' allegation in Civil No. 49-03-C-0035 that his stay at the Traill County jail amounted to a violation of the International Covenant on Civil and Political Rights ("ICCPR"), Part III, Article 10 (1 & 2),..., the ICCPR does not provide a legal basis for Riemers to pursue claims for civil damages against the Traill County Defendants.

[¶ 7] The court ruled that the state's attorney's decision to prosecute Riemers and the decision to not prosecute Jenese Peters-Riemers were subject to absolute prosecutorial immunity and that any claims against the Traill County defendants that were "not foreclosed by the doctrine of absolute prosecutorial immunity" were "barred by the doctrines of qualified immunity and/or statutory immunity under North Dakota law."

[¶ 8] On November 3, 2003, Riemers filed a notice of appeal from the trial court's September 3, 2003, memorandum decision and order for judgment. A judgment was entered on September 9, 2003.

II

[¶ 9] Riemers has raised the following issues on appeal:

A. Traill County 49-03-C-00034 (sexual bias in arrest, civil rights, etc.)

Did the Court err in granting the defendants' motion for summary judgment:

1. By ruling that the defendants had immunity for their actions?

2. By ruling on the issues of malicious prosecution, false imprisonment, and two year statute of limitations instead of civil right denials?

3. By granting summary judgment without first allowing Riemers any discovery or to amend his complaint?

4. By denying Riemers his state constitutional right to a remedy for the injuries he suffered from the Defendants' biased and unlawful behavior?

5. By consolidating the two cases after first allowing Traill County to file consolidated motions and pleadings?

6. By dismissing Trooper Pulju from the law suit?

7. By awarding costs and disbursements to the Defendants?

8. By ruling on the admissibility of evidence contrary to Rule 56?

B. Traill County 49-03-C-00035 (rights of non-convicted under ICCPR)

1. Did the Court err by denying Riemers summary

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