Wednesday, June 10, 2020
Flashback Friday: Gas Leak Triggered Explosion, Fire in St. Paul's Dayton's Bluff Neighborhood 25 Years Ago
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
C5-98-2040
In Re: Maria Avenue Natural Gas Explosion
Consolidated case C9-95-6556
Filed June 22, 1999
Affirmed
Toussaint, Chief Judge
Ramsey County District Court
File No. C3-96-11908
Frank E. Villaume III, Assistant City Attorney, 550 City Hall, 15 W. Kellogg Blvd., St. Paul, MN 55102 (for respondent City of St. Paul)
Considered and decided by Toussaint, Chief Judge, Randall, Judge, and Norton, Judge.[*]
Randolph Parker appeals the district court's grant of summary judgment dismissing his 42 U.S.C. § 1983 action. Respondent City of St. Paul argues this appeal is untimely. Because the appeal was properly taken from a final judgment and the district court did not err or abuse its discretion in determining (1) the affidavit of Robert Eliason was untimely; (2) the municipal tort liability caps found in Minn. Stat. § 466.04 are constitutional; and (3) respondent is entitled to summary judgment on appellant's 42 U.S.C. § 1983 action, we affirm.
On July 22, 1993, at approximately 8:30 a.m., a gas line was struck by one of respondent's work crews at the corner of Third and Maria Avenue. After the work crew radioed its dispatcher to notify Northern States Power (NSP), it began evacuating people in the vicinity. At 8:52 a.m., an explosion occurred. Three people were killed and several people, including appellant, were injured. Several buildings were destroyed.
Appellant sued respondent, alleging a cause of action under 42 U.S.C. § 1983 and challenging the constitutionality of the municipal tort liability limits. Respondent moved for summary judgment. In opposition to respondent's motion, appellant submitted the affidavit of Robert Eliason, a former repair foreman for Minnegasco. The district court refused to consider Eliason's affidavit, determined the municipal tort liability limits found in Minn. Stat. § 466.04 were constitutional, and granted respondent's motion for summary judgment on appellant's § 1983 claim. This appeal followed.
However, this court previously determined that an appeal from the June 3, 1997 judgment was premature because that judgment did not determine all claims and damages had not yet been apportioned among the individual plaintiffs involved in the litigation. Thus, the June 3, 1997, judgment was not appealable under Minn. R. Civ. P. 54.02. See In re Commodore Hotel Fire & Explosion Case, 318 N.W.2d 244, 246 (Minn. 1982). This appeal is therefore properly taken from a final judgment dismissing all claims.
On an appeal from summary judgment, we ask two questions: (1) whether there are any genuine issues of material fact and (2) whether the lower courts erred in their application of the law.
State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990); see Admiral Merchants v. O'Connor & Hannan, 494 N.W.2d 261, 265 (Minn. 1992).
A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law. On appeal, the reviewing court must view the evidence in the light most favorable to the party against whom judgment was granted.
Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1983) (citation omitted).
Under 42 U.S.C. § 1983, a plaintiff may bring a claim alleging deprivation of constitutional rights against a person acting under color of state law. The plaintiff in such a suit "must be able to point to specific articulable constitutional rights that have been transgressed." Armstrong v. Adams, 869 F.2d 410, 413 (8th Cir. 1989). The purpose of § 1983 is to "deter state actors from using the badge of their authority to deprive individuals of their federally guaranteed rights and to provide relief to victims if such deterrence fails." Wyatt v. Cole, 504 U.S. 158, 161, 112 S. Ct. 1827, 1830 (1992).
Appellant argues his right to substantive due process was violated because respondent has a policy, practice, or custom of not contacting emergency crews immediately when a gas line is struck, focusing instead on safeguarding people in the zone of danger. He insists respondent's failure to timely and properly warn him of the immediate danger caused his injury.
The Due Process Clause of the Fourteenth Amendment states "[n]o state shall * * * deprive any person of life, liberty, or property, without due process of law." The clause guarantees citizens protection from abusive government conduct or employment of government power as an instrument of oppression. Davidson v. Cannon, 474 U.S. 344, 348, 106 S. Ct. 668, 670 (1986). The guarantee applies only to deliberate decisions of government officials to deprive a person of life, liberty, or property. Daniels v. Williams, 474 U.S. 327, 331, 106 S. Ct. 662, 665 (1986). The clause does not impose an affirmative obligation to protect or care for a particular individual. Carlton v. Cleburne County, Ark., 93 F.3d 505, 508 (8th Cir. 1996). Thus, "[m]ere negligence is not an actionable deprivation under the Due Process Clause." Williams v. Soligo, 104 F.3d 1060, 1061 (8th Cir. 1997).
Collins v. City of Harker Heights, Tex., 503 U.S. 115, 112 S. Ct. 1061 (1992), is analogous and dispositive of this case. In Collins, the plaintiff brought a § 1983 action against the city alleging a policy of deliberate indifference about warning employees of work related hazards and providing safety equipment. This policy resulted in the death of plaintiff's husband. In rejecting plaintiff's claim, the Supreme Court stated:
[Plaintiff's] claim is analogous to a fairly typical state-law tort claim: The city breached its duty of care to her husband by failing to provide a safe work environment. Because the Due Process Clause does not purport to supplant traditional tort law * * * we have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort[.]
Id. at 128, 112 S. Ct. at 1070 (citation omitted).
In this case, state tort law covers any alleged wrongdoing by respondent. Appellant failed to allege any material facts establishing an abuse of governmental power by respondent, nor did he allege a deliberate decision on respondent's part to deprive him of his rights. His complaint therefore does not rise to the level that would allow redress through a § 1983 action. As respondent points out, its employees were merely following the procedures set out by NSP. Further, appellant does not allege other instances of respondent hitting gas lines and failing to contact city emergency departments. A single act of a government official or employee cannot be labeled as a "policy." Oklahoma City v. Tuttle, 471 U.S. 808, 823-24, 105 S. Ct. 2427, 2436 (1985); see also Yang v. Murphy, 796 F.Supp. 1245, 1249 (D. Minn. 1992) (§ 1983 complaint against city dismissed where single incident failed to establish existence of actionable "policy").
The district court therefore did not err in granting respondent's motion for summary judgment dismissing appellant's § 1983 claim.
"Minnesota statutes are presumed constitutional, and our power to declare a statute unconstitutional should be exercised with extreme caution and only when absolutely necessary." In re Haggerty, 448 N.W.2d 363, 364 (Minn. 1989) (citation omitted). "The party challenging a statute has the burden of demonstrating beyond a reasonable doubt a violation of some provision of the Minnesota Constitution." Id.
Appellant concedes the municipal tort liability limits in Minn. Stat. § 466.04 (1998) are constitutional under the rational basis test. See Snyder v. City of Minneapolis, 441 N.W.2d 781, 789 (Minn. 1989); Lienhard v. State of Minnesota, 431 N.W.2d 861, 868 (Minn. 1988). He nevertheless argues the intermediate scrutiny test should be applied because a suspect classification exists in the instant case. Appellant argues that the fact that city workers covered under workers' compensation were treated differently than citizens not covered by workers' compensation results in a suspect classification, citing O'Brien v. Estate of Moe, 370 N.W.2d 436 (Minn. App. 1985), aff'd, 381 N.W.2d 445 (Minn. 1985).
In O'Brien, and Bernthal v. City of St. Paul, 376 N.W.2d 422 (Minn. 1985), the respective courts held that distinguishing between victims covered or not covered by workers' compensation violates the Equal Protection Clauses of the state and federal constitutions. In Bernthal, however, the court determined that no suspect classification existed between the government workers and citizens not covered by workers' compensation, and applied the rational basis test. Further, neither Bernthal nor O'Brien involved a challenge to the constitutionality of the tort limits in Minn. Stat. § 466.04; rather, the equal protection challenge in those cases was to the immunity of a municipality to a victim covered by workers' compensation under Minn. Stat. § 466.03.
Thus, Bernthal and O'Brien support application of the rational basis test analysis in this case. Minnesota courts have utilized the same rational basis test outlined by the United States Supreme Court. See Lienhard, 431 N.W.2d at 866. Application of the rational basis test here establishes that the tort liability limits have a legitimate purpose of maintaining a municipality's fiscal integrity, and that the legislature could have reasonably believed that the enactment of the liability caps would promote this legitimate purpose. Thus, Minn. Stat. § 466.04 is constitutional.
Appellant's other arguments concerning the legislature's prospective review of the tort limits are unpersuasive. By adjusting the tort limits, the legislature has continued to examine the opposing policies of making victims of municipal torts whole while balancing the municipality's fiscal integrity.
We therefore reiterate that the municipal tort liability limits found in Minn. Stat. § 466.04 are constitutional based on the rational basis test analysis.
Affirmed.
[*] Retired judge of the Minnesota Court of Appeals, serving by apointment pursuant to Minn. Const. art. VI, § 10.
Sharon4USAvsCitySt.PaulvsTerrorism,FairHousing,DirtyDealsDFL3RdMariaBlast1999MarkoftheBeast
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Hey FS IE fRANKIE AND JOHNY song were sweethearts re DFL and City St.Paul your case is still paramount Hard Tacking Terrorism or DFL dESPOTESCourt Cases :: The Investigative Project on Terrorism
Frank Steinhauser USSC 10-1032 - Google Search
3rd and maria blast 1996 - Google SearchSHARONS CIVIL,CONSTITUTIONAL POLITICAL RIGHTS
| Approving the City’s cost of providing Excessive Use of Inspection or Abatement services billed during January 21 to February 20, 2020, and setting date of Legislative Hearing for July 7, 2020 and City Council public hearing for August 19, 2020 to consider and levy the assessments against individual properties. (File No. J2011E, Assessment No. 208316) |
| Sponsors: | Amy Brendmoen |
| Attachments: | 1. Report of Completion J2011E, 2. Assessment Roll J2011E |
sharon scarrella anderson real estate and politics - Google Searcharon Candidate 4 Mayor vs. Norm Coleman exposing Sharons rEALESTATE iSSUES
application for answer/cross complaint constitutional ...
Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, www.taxthemax.blogspot.com
The Electronic Communications Privacy Act, 18 U.S.C.
Ch.119 Sections 2510-2521 et seq., governs distribution of this "Message,"
including attachments, may contain the originator's
proprietary information. The originator hereby notifies
recipients Message review, dissemination, copying, and content-based
actions. Authorized carriers of this message
shall expeditiously deliver this Message to intended recipients. See: Quon
v. Arch
| State of Minnesota v. Duale | St. Paul, MN | Jan 2012 | Homegrown |
| US v. Abdow | St. Paul, MN | Oct 2009 | Homegrown |
| US v. Abdurahman, et al. | Minneapolis, MN | Apr 2015 | Islamic State of Iraq and the Levant |
| US v. Ahmed | Minneapolis, MN | Feb 2015 | Islamic State of Syria and the Levant |
| US v. Ali, et ano. | Minneapolis, MN | Aug 2010 | al-Shabaab |
| US v. Furreh | Minneapolis, MN | Nov 2016 | Al Shabaab |
| US v. Hassan | St. Paul, MN | Feb 2018 | Al Qaida, Taliban, Al Shabaab |
| US v. Hussein | Minneapolis, MN | May 2014 | Al Shabaab |
| US v. Ismail | Minneapolis, MN | Dec 2014 | Islamic State in Iraq and Syria (ISIS) |
| US v. Isse, et al. | Minneapolis, MN | Jul 2009 | Al Shabaab |
| US v. Mahamud | Minneapolis, MN | Jun 2011 | al-Shabaab |
| US v. Mahamud | Minneapolis, MN | Jun 2011 | al-Shabaab |
| US v. Omar | Minneapolis, MN | Nov 2010 | Al Shabaab |
| US v. Roble | Minneapolis, MN | Aug 2016 | Islamic State of Iraq and the Levant |
Tuesday, March 24, 2020
Sharon4USAWhistleblowerexposingCitySt.PaulSewerFraudBillingswhenpaid2020
stealing Propertys via FrauduCity of Saint Paul - Calendarlent Billings, Ghost Excessive Inspections,
| City Council | 3/25/2020 |  | 3:30 PM | Council Chambers - 3rd Floor Please see below for new meeting guidelines due to the COVID-19 health pandemic emergency. | Meeting details |  Agenda |
| Title: | Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2019 Street Maintenance Service Program-Sealcoating Street and/or Alley. (File No. 195600, Assessment No. 195600) |
| Sponsors: | Amy Brendmoen |
| Attachments: | 1. Report of Completion, 2. Assessment Roll |
|
Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, www.taxthemax.blogspot.com
The Electronic Communications Privacy Act, 18 U.S.C.
Ch.119 Sections 2510-2521 et seq., governs distribution of this "Message,"
including attachments, may contain the originator's
proprietary information. The originator hereby notifies
recipients Message review, dissemination, copying, and content-based
actions. Authorized carriers of this message
shall expeditiously deliver this Message to intended recipients. See: Quon
v. Arch
Wednesday, December 11, 2019
Tuesday, December 10, 2019
WhistleblowerSharonScarrellaAndersonvsCityStPaul,DFL,OutsideCounsels2019
Any LAWYER who Votes IMPEACHMENT must lose their Law License, please read
https://assets.documentcloud.org/documents/6572308/Articles-of-Impeachment.pdf?fbclid=IwAR0nsSZOxYjIfxg1GzWQMcJwoAFFwXxQTQaPwBsEVkSC4xJIGQRAl1EV7Iw
20191204_JUULComplaint.pdf COUNT I City St. PAUL, Municipal Corp. Out Side Council Kennedy,Graven.Chartered.
 Agenda | Published minutes: | Not available |
| Meeting video: |
| Attachments: |
|
| ppointing Kennedy & Graven, Chartered and Ballard Spahr LLP as special counsel and authorizing Agreements for Outside Counsel Services with Kennedy & Graven, Chartered and Ballard Spahr LLP. |
| Sponsors: | Amy Brendmoen |
| Attachments: | 1. Master Legal Services Agreement - Kennedy & Graven 1-1-2020, 2. Master Legal Services Agreement - Ballard Spahr 1-1-2020 |
| Meeting details |  Agenda |
| Meeting details | Agenda |
Sponsors: Tolbert
20 RES
| City Council | 12/11/2019 |  | 3:30 PM | Council Chambers - 3rd Floor The Library Board will convene during the City Council meeting. | Meeting details | Agenda |
Approving the 2020 City Tax Levy.
Sponsors: Brendmoen
Attachments: RES 19-2130 Final Tax Levy - Financial Analysis
21 RES
19-2139
Adopting the 2020 Budget.
Sponsors: Brendmoen
Attachments: Attachment
Lawyers and Legal Professionals | Robins Kaplan LLP Law Firm
20191204_JUULComplaint.pdf
AG Ellison announces lawsuit with Gov. Walz as Minnesota loses 10 years of progress in fighting youth tobacco use. JUUL addicts yo
“I’m bringing a lawsuit against JUUL today because it has created a public nuisance that is centered around deceiving, addicting, and harming our younThe Attorney General’s Office has hired two firms, Robins Kaplan LLP and Zimmerman Reed LLP, as outside counsel for this lawsuit. The Attorney General’s Office submitted this special-attorney appointment for the Legislative Advisory Commission for review and recommendation on October 21, 2019. Three members of the Commission made a recommendation in favor of the contract and three members made no recommendation. After the 20-day review period passed, the Attorney General’s Office proceeded with hiring the firms.
A copy of the complaint is available on Attorney General Ellison’s website. Also available on Attorney General Ellison’s website are slides showing similarities between JUUL and Big Tobacco advertising, and slides on e-cigarette use among youth excerpted from the October 2019 “Tobacco Use in Minnesota” survey by the Minnesota Department of Health.
g people,” said Attorney General Ellison.
This joint resolution proposes a constitutional amendment providing that the rights protected by the Constitution are the rights of natural persons only. Artificial entities, such as corporations, shall have no rights under the Constitution and are subject to regulation.
The amendment requires federal, state, and local government to (1) regulate, limit, or prohibit election contributions and expenditures, including a candidate's own contributions and expenditures; and (2) require that any permissible contributions and expenditures be publicly disclosed.
The judiciary is prohibited from construing the spending of money to influence elections to be speech under the First Amendment, and the amendment shall not be construed to abridge the freedom of the press.
Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, www.taxthemax.blogspot.com
The Electronic Communications Privacy Act, 18 U.S.C.
Ch.119 Sections 2510-2521 et seq., governs distribution of this "Message,"
including attachments, may contain the originator's
proprietary information. The originator hereby notifies
recipients Message review, dissemination, copying, and content-based
actions. Authorized carriers of this message
shall expeditiously deliver this Message to intended recipients. See: Quon
v. Arch
Sharons-FOIA Title 5 Freedom of information Act mandates Affiants Request
Housing & Redevelopment Authority on 2019-12-11 2:00 PMDecember 11, 2019 - 02:00 PMAgenda
City Council on 2019-12-11 3:30 PM - The Library Board will convene during the City Council meeting.December 11, 2019 - 03:30 PMAgenda4776_A_City_Council_19-12-11_Meeting_Agenda.pdf
| Approving the final 2020 Housing and Redevelopment Authority (HRA) budget and certifying the final HRA property tax levy payable in 2020. |
| Sponsors: | Chris Tolbert |
| Title: | Approving the 2020 City Tax Levy. |
| Sponsors: | Amy Brendmoen |
| Attachments: | 1. RES 19-2130 Final Tax Levy - Financial Analysis |
| PH 19-1 | Public Hearing-Misc. | Archived | 12/4/2019 | Final Hearing on the proposed 2020 Budget and Tax Levy, aka Truth in Taxation hearing. |
| Appointing Kennedy & Graven, Chartered and Ballard Spahr LLP as special counsel and authorizing Agreements for Outside Counsel Services with Kennedy & Graven, Chartered and Ballard Spahr LLP. |
| Sponsors: | Amy Brendmoen |
