Leaf v. Freeman

499 N.W.2d 54, 1993 Minn. App. LEXIS 441, 1993 WL 128826
CourtCourt of Appeals of Minnesota
DecidedApril 27, 1993
DocketNo. C4-92-2226
StatusPublished

This text of 499 N.W.2d 54 (Leaf v. Freeman) 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
Leaf v. Freeman, 499 N.W.2d 54, 1993 Minn. App. LEXIS 441, 1993 WL 128826 (Mich. Ct. App. 1993).

Opinion

OPINION

DAVIES, Judge.

The district court denied appellants’ motion to enjoin respondent officials from destroying, without ascertaining ownership, firearms turned in by the public under a county program of buying guns for meltdown. After the melt-down, appellants moved to compel production of documents identifying by model and serial number the weapons that had been destroyed. Instead, the district court granted respondents’ motion for summary judgment. Appellants challenge summary judgment on their section 1983 claim. We reverse and remand.

FACTS

Respondents Michael Freeman and Donald Omodt are the Hennepin County Attorney and the Hennepin County Sheriff, respectively. Seeking to curb gun-related violence, Freeman and Omodt, along with a coalition of law enforcement officials and community leaders, formulated a plan to reduce the number of guns in Hennepin County. On January 30, 1992, the county attorney’s office initiated “Drop Your Guns Month.” Press releases stated that any [56]*56person could turn in guns on a “no questions asked” basis in return for $50 per gun for up to three guns. The county would then melt them down at a local smelter. During the first week of the program, approximately 5,000 guns were collected. These guns were to be melted down on February 5, 1992.

On that day, appellants Dennis Leaf and Joel Kuntz commenced this action against respondents Freeman and Omodt, in their official capacities, seeking a temporary injunction, a permanent injunction, and attorney fees. They argued that irreparable injury in violation of the United States Constitution, the Minnesota Constitution, and Minnesota statutory law would occur because of respondents’ decision to destroy the guns without ascertaining ownership and attempting to compensate the true owners or to return their property. Appellants asserted that respondents were liable for these violations pursuant to 42 U.S.C. § 1983 (1988). During the 1980s, 15 guns were stolen from Leaf and three from Kuntz. Although most of these guns had recorded serial numbers, police recovered only one of each appellant’s stolen weapons.

The district court initially granted a temporary restraining order, enjoining respondents from destroying, dismantling, or disposing of the firearms. The court dissolved the temporary restraining order on February 12, however, and denied appellants’ request for a temporary injunction.

Appellants appealed denial of a temporary injunction and moved this court for a stay of the district court’s dissolution of the temporary restraining order, pending appeal. We denied that motion. Leaf v. Freeman, No. C5-92-291 (Minn.App. Feb. 25, 1992) (order op.). That appeal was later dismissed as moot once the guns were melted down.

Despite assertions by Hennepin County officials that they would honor the promise not to record serial numbers of the guns collected, the sheriff’s department recorded serial numbers for some of the 5,000 firearms collected (approximately 1,700 of the first 5,000 guns had serial numbers). The collection program continued through February 27, with respondents collecting an additional 1,000 guns.

Respondents notified the court of the planned melt-down on February 28 of all 6,000 guns. Appellants moved the court for an opportunity to inspect and record the make, model, and serial number of all the guns received in the program. The trial court denied the motion as to the first 5,000 guns collected since the available serial numbers had already been recorded, but granted the motion as to the last 1,000 firearms.

Appellants then moved to compel production of any documents listing the make, model, caliber, and serial number of the 6,000 firearms. Appellants also requested class action certification and, in the alternative, to amend the complaint to name additional plaintiffs. The district court, however, granted respondents’ motion for summary judgment, ruling that appellants’ constitutional rights had not been violated; that in any event, respondents were entitled to qualified immunity; and that the county itself could not be held liable for section 1983 violations since service of process was insufficient to confer jurisdiction over that entity. The court further found that this court had definitively disposed of the injunctive relief issue.

On appeal, appellants only challenge summary judgment with respect to their section 1983 claim.

ISSUES

I. Is appellants’ official-capacity suit under 42 U.S.C. § 1983 (1988) sufficient to impose municipal liability on Hennepin County?

II. Are respondents entitled to qualified immunity?

III. Are appellants entitled to reasonable attorney fees under Minn.Stat. § 549.21 (1992)?

ANALYSIS

On appeal from summary judgment, this court must determine whether genuine issues of material fact exist and whether [57]*57the trial court erred in its application of the law. State by Cooper v. Hennepin County, 441 N.W.2d 106, 109 (Minn.1989); see also Minn.R.Civ.P. 56.03.

I. Municipal Liability

Local governing bodies can be sued directly under 42 U.S.C. § 1983 (1988) for monetary, declaratory, or injunctive relief. Monell v. Department of Social Servs., 436 U.S. 658, 690, 701, 98 S.Ct. 2018, 2035, 2041, 56 L.Ed.2d 611 (1978) (overruling Monroe v. Pape, 365 U.S. 167, 187-92, 81 S.Ct. 473, 484-86, 5 L.Ed.2d 492 (1961)). In Monell, the Court further acknowledged that

official-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent.

Id. 436 U.S. at 690 n. 55, 98 S.Ct. at 2035 n. 55. And in Brandon v. Holt, 469 U.S. 464, 471-72, 105 S.Ct. 873, 878, 83 L.Ed.2d 878 (1985), the Court again commented on local government liability where that entity has not been sued directly:

In at least three recent cases arising under § 1983, we have plainly implied that a judgment against a public servant “in his official capacity” imposes liability on the entity that he represents provided, of course, the public entity received notice and an opportunity to respond. We now make that point explicit.

(Footnote omitted.) See also Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985).

Minnesota follows that method. See Khalifa v. State, 397 N.W.2d 383, 389-90 (Minn.App.1986) (“So long as the government entity receives notice and an opportunity to respond, official capacity suits are, in all respects other than the name, to be treated as a suit against the entity.”) (citing Brandon, 469 U.S.

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Related

Monroe v. Pape
365 U.S. 167 (Supreme Court, 1961)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Brandon v. Holt
469 U.S. 464 (Supreme Court, 1985)
Kentucky v. Graham
473 U.S. 159 (Supreme Court, 1985)
Will v. Michigan Department of State Police
491 U.S. 58 (Supreme Court, 1989)
Pennington v. Hobson
719 F. Supp. 760 (S.D. Indiana, 1989)
State Ex Rel. Cooper v. Hennepin County
441 N.W.2d 106 (Supreme Court of Minnesota, 1989)
Khalifa v. State
397 N.W.2d 383 (Court of Appeals of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
499 N.W.2d 54, 1993 Minn. App. LEXIS 441, 1993 WL 128826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leaf-v-freeman-minnctapp-1993.