Kipp v. Saetre

454 N.W.2d 639, 1990 Minn. App. LEXIS 400, 1990 WL 52654
CourtCourt of Appeals of Minnesota
DecidedMay 1, 1990
DocketCX-89-1765
StatusPublished
Cited by3 cases

This text of 454 N.W.2d 639 (Kipp v. Saetre) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kipp v. Saetre, 454 N.W.2d 639, 1990 Minn. App. LEXIS 400, 1990 WL 52654 (Mich. Ct. App. 1990).

Opinions

OPINION

HUSPENI, Judge.

Appellants, a county prosecutor and a county probation officer, were sued by respondent, who alleged that they were responsible for his improper incarceration without a probation revocation hearing. Appellants’ motion for summary judgment on the grounds of their absolute or qualified immunity from a civil rights claim and their official immunity from false arrest and false imprisonment claims was denied by the trial court. We reverse and remand for entry of summary judgment in favor of appellants.

FACTS

Respondent Uwe Kipp, a West German national, pleaded guilty to a charge of selling cocaine in Brainerd, Minnesota, in 1979. His felony conviction left him subject to deportation by the Immigration and Naturalization Service (I.N.S.). In order to avoid his sentence of one to five years, Kipp decided to return to West Germany voluntarily. The judge accordingly issued, and Kipp accepted, an amended sentencing order which required that Kipp leave for West Germany on May 22, 1980, that he show a copy of the sentencing order to the American Embassy in West Germany, which would verify his return by notifying [641]*641the court, and that he be on unsupervised probation in West Germany for five years. In March, 1981, Kipp left West Germany for Grand Forks, North Dakota.

In June, 1981, a rumor of Kipp’s return to Minnesota reached his probation officer, appellant Rosenthal. Knowing that Kipp was on probation to the court, Rosenthal passed the rumor on to the judge who had amended Kipp’s sentence. The judge then issued a warrant for Kipp’s apprehension and detention, and directed Rosenthal to inquire whether Kipp had reported to the American Embassy in Germany, and how he had re-entered the United States.

In 1983, Kipp pleaded guilty in Minnesota to aggravated DWI and to fleeing a police officer. His sentence was stayed, and he did not disclose his probationary status or his prior felony conviction. In 1984, Kipp was again arrested on aggravated DWI, this time in North Dakota. He refused the request of Crow Wing county officials to return to Minnesota for proceedings on his outstanding warrant, and resisted extradition proceedings.

Kipp was again arrested on a traffic offense in June, 1985, in Polk County, Minnesota. The judge responsible for Kipp’s 1979 sentence informed appellant Rathke, a county prosecutor, that he was revoking the stay of the earlier sentence and committing Kipp to the St. Cloud prison. When Rathke asked the judge about a revocation hearing, the judge asserted that such a hearing was unnecessary. The judge directed Rathke to write the Crow Wing County clerk that, when a warrant of commitment was received, it should be given to the Crow Wing County Sheriff with instructions to transport Kipp to St. Cloud. Rathke wrote the letter as the judge directed, but the letter had no effect on the incarceration of Kipp, who had already been transported pursuant to the judge’s directions before Rathke’s letter reached the clerk.1

A few days later, Kipp’s wife met with respondent John Erickson, the public defender who had defended Kipp on the 1979 cocaine charge. She asked Erickson to represent Kipp in opposing his imprisonment in St. Cloud. Erickson attempted to persuade Kipp that the best way of opposing his imprisonment would be a petition for habeas corpus, but Kipp chose not to file such a petition. Erickson therefore wrote to the judge, explaining that although he had not specifically been appointed as public defender for Kipp, he felt he had a responsibility-to act as his public defender, that he understood Kipp was serving a prison term because of the judge’s belief that Kipp had violated probation, that it was not clear that Kipp had been heard, and inquiring if a hearing had been scheduled. The judge responded that Erickson should make an application for a hearing, and that the court would set a time for a hearing “if such a hearing is indicated.” A hearing was then scheduled, but it was never held because Kipp was released on a detainer to the I.N.S. prior to the scheduled date.

Kipp’s appeal to this court from his warrant of commitment was dismissed as an appeal from a non-appealable order. At a subsequent postconviction proceeding, it was determined that Kipp had not violated the terms of his probation by returning to the United States, that although he had violated the terms of his probation by committing misdemeanors in both Minnesota and North Dakota, he was entitled to a revocation hearing, that his sentence had expired, and that he was no longer subject to the department of corrections.

Kipp then sued Rathke, Rosenthal, Erickson, and the judge, among others, for in excess of $50,000 in damages and attorney fees on the grounds that his rights had been violated and that he had been falsely [642]*642arrested and imprisoned.2 Rathke and Ro-senthal moved for summary judgment, the trial court denied their motion, and they appeal from this denial.

ISSUES

1. Is appellant county prosecutor entitled to absolute immunity or to qualified immunity from a civil suit under 42 U.S.C. § 1983?

2. Is appellant probation officer entitled to absolute immunity or to qualified immunity from a civil suit under 42 U.S.C. § 1983?

3. Are appellants entitled to official immunity from a common law claim of false arrest and false imprisonment?

ANALYSIS

While the denial of a motion for summary judgment is not enumerated among the appealable decisions listed in Minn.R.Civ.App.P. 103.03, both common sense and case law indicate that the right to immunity from litigation could not exist if there were not a corollary right to appeal from a denial of that immunity.

[A]n order denying summary judgment on the ground of immunity from suit is a final judgment or order for purposes of appealability * * * because the immunity is an immunity from suit rather than a mere defense and the immunity is effectively lost if a case is erroneously permitted to go to trial.

Anderson v. City of Hopkins, 393 N.W.2d 363, 364 (Minn.1986) (emphasis in original). In Erickson v. County of Clay, 451 N.W.2d 666 (Minn.Ct.App.1990), this court recently reversed in part the denial of a motion to dismiss brought pursuant to Minn.R.Civ.P. 12.02 by county prosecutors and a county investigator because the claims were based on acts inherent in the prosecutorial function. Immunity supported the granting of a motion to dismiss, based only on the pleadings, in Erickson. Here that immunity is sought in the expanded record on a summary judgment motion. Review of the trial court’s determination is proper pursuant to Anderson and Erickson.

Before considering the specific question of the immunity of Rathke and Rosenthal, we note that the doctrine of judicial and quasi-judicial immunity may most appropriately be viewed as one element in a complex system, which provides other means to the ends foreclosed by immunity.3

1. THE IMMUNITY OP APPELLANT COUNTY PROSECUTOR

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2002 SD 1 (South Dakota Supreme Court, 2002)
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Kipp v. Saetre
454 N.W.2d 639 (Court of Appeals of Minnesota, 1990)

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Bluebook (online)
454 N.W.2d 639, 1990 Minn. App. LEXIS 400, 1990 WL 52654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kipp-v-saetre-minnctapp-1990.