Pahnke v. Anderson Moving and Storage

720 N.W.2d 875, 2006 Minn. App. LEXIS 130, 2006 WL 2601396
CourtCourt of Appeals of Minnesota
DecidedSeptember 12, 2006
DocketA05-2401
StatusPublished

This text of 720 N.W.2d 875 (Pahnke v. Anderson Moving and Storage) 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
Pahnke v. Anderson Moving and Storage, 720 N.W.2d 875, 2006 Minn. App. LEXIS 130, 2006 WL 2601396 (Mich. Ct. App. 2006).

Opinion

OPINION

ROSS, Judge.

Appellant Paulette Pahnke filed an action in district court alleging that law-enforcement officers committed various torts by violating Minnesota Statutes section 504B.365 when they executed a court order to remove her from an apartment that she was renting and did not allow her 24 hours to vacate. The district court granted the officers’ request for partial summary judgment based on official immunity, and it awarded partial summary judgment to their employers, respondents County of Houston and City of La Crescent, based on vicarious official immunity. The district court determined that disputed material facts prevent awarding the county summary judgment on Pahnke’s remaining claims. Pahnke appeals the district court’s award of partial summary judgment, and Houston County challenges the denial of complete summary judgment. Because the officers are immune from liability for executing the district court’s facially valid order, we affirm the district court’s decision to grant partial summary judgment. Because the district court denied summary judgment on the remaining claims based on existing fact questions, we dismiss the county’s challenge to that denial as nonappealable on interlocutory appeal.

FACTS

In September 2002, Paulette Pahnke rented an apartment from Home Apartment Development, LLC. Pahnke already owed Home Apartment $1,100 in unpaid rent from a previous lease, an amount that she agreed to pay in monthly increments of $200. But Pahnke did not pay $200 in September, and she did not pay her rent in October or November.

Home Apartment brought an unlawful-detainer action against Pahnke, which the district court heard in November 2002. Because Pahnke could not pay her outstanding balance to redeem the property, the court announced that it would issue a writ of recovery of premises and an order to vacate, stayed for seven days. See Minn.Stat. § 504B.345, subd. 1(d) (2004) (“[Ujpon a showing by the defendant that immediate restitution of the premises would work a substantial hardship upon the defendant or the defendant’s family, the court shall stay the writ of recovery of premises and order to vacate for a reasonable period, not to exceed seven days.”). *879 The court expressly clarified that Pahnke had seven days to move.

Eight days later, Pahnke remained in the apartment, and the district court signed the writ of recovery and order to vacate. The language of that writ is the flash point of this dispute. It specifically “commanded [the sheriff] that, taking with [him] the force of the county, if necessary, [he] cause Paulette Pahnke to be immediately removed from the premises, and [Home Apartment] to recover the premises.” See id. § 504B.361, subd. 1(c) (2004) (providing that writ of recovery may state that the officer executing the order “cause [the tenant] to be immediately removed from the premises”). The Houston County sheriff delegated the execution duty to respondent Deputy Luke Sass, who asked respondent Bill Hargrove, a police officer in La Crescent, to assist. When the two officers arrived at Pahnke’s apartment, Pahnke and several children were celebrating Pahnke’s daughter’s birthday.

Pahnke alleges that she attempted to show Deputy Sass a tenants’ rights handbook that summarizes the law of eviction and to explain that he lacked authority to evict her immediately. The deputy testified in a deposition that because the writ and order expressly commanded removal “immediately,” he did not consider Pahnke’s handbook. Pahnke peacefully vacated the premises.

Pahnke brought this action in district court claiming violations of federal and state law based on the eviction. The defendants removed the action to federal district court, and the federal court dismissed the federal claims and remanded the matter to Minnesota district court. The deputy, county, police officer, and city moved for summary judgment, arguing that official immunity barred Pahnke’s claims. The district court agreed and granted summary judgment on all claims except claims of breach of contract and promissory estoppel against the county. Pahnke now appeals, challenging the grant of partial summary judgment. The county filed a notice of review and challenges the denial of summary judgment on the remaining claims.

ISSUES

I. Does immunity protect law-enforcement officers and their employers from liability when the officers execute a judicial order according to the order’s exact terms?
II. Is denial of summary judgment on grounds of governmental immunity appealable when the district court based its denial on the existence of disputed material facts?

ANALYSIS

I

On Pahnke’s appeal from summary judgment, this court asks whether there are genuine issues of material fact and whether the district court erred in applying the law. See State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). The district court granted summary judgment to Deputy Sass and Officer Hargrove on the ground that they are protected from liability by official immunity and to the county and city on the ground that they are consequently protected from liability by vicarious official immunity. The district court also noted that even if the officers are not entitled to official immunity, their duty to render “unquestioning obedience” in executing the district court’s order protects them from liability. Pahnke’s appeal challenges those determinations, asserting that the district court misapplied the law and identifying disputed facts that *880 she contends are material to the immunity decision.

Whether to apply official immunity is a question of law, which this court reviews de novo. Thompson v. City of Minneapolis, 707 N.W.2d 669, 673 (Minn.2006). Official immunity shields a public official from personal liability when the official is “charged by law with duties which call for the exercise of his judgment or discretion ... unless he is guilty of a willful or malicious wrong.” Elwood v. County of Rice, 423 N.W.2d 671, 677 (Minn.1988) (quotation omitted). The purpose of the official-immunity doctrine is to protect public officials “from the fear of personal liability that might deter independent action and impair effective performance of their duties.” Id. at 678. To determine whether Deputy Sass and Officer Hargrove are protected by official immunity we must therefore identify the specific conduct at issue and then decide whether the conduct is a discretionary or ministerial act. See Anderson v. Anoka Hennepin Indep. Sch. Dist. 11, 678 N.W.2d 651, 656 (Minn.2004) (noting importance of identifying specific conduct at issue); Kari v. City of Maplewood, 582 N.W.2d 921, 923 (Minn.1998) (distinguishing discretionary from ministerial acts).

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Related

Mumm v. Mornson
708 N.W.2d 475 (Supreme Court of Minnesota, 2006)
Elwood v. County of Rice
423 N.W.2d 671 (Supreme Court of Minnesota, 1988)
Carter v. Cole
526 N.W.2d 209 (Court of Appeals of Minnesota, 1995)
Anderson v. City of Hopkins
393 N.W.2d 363 (Supreme Court of Minnesota, 1986)
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Anderson v. Anoka Hennepin Independent School District 11
678 N.W.2d 651 (Supreme Court of Minnesota, 2004)
Thompson v. City of Minneapolis
707 N.W.2d 669 (Supreme Court of Minnesota, 2006)
Brown v. City of Bloomington
706 N.W.2d 519 (Court of Appeals of Minnesota, 2005)
Wiederholt v. City of Minneapolis
581 N.W.2d 312 (Supreme Court of Minnesota, 1998)
Kari v. City of Maplewood
582 N.W.2d 921 (Supreme Court of Minnesota, 1998)
Fedke v. City of Chaska
685 N.W.2d 725 (Court of Appeals of Minnesota, 2004)
Morgan v. McLaughlin
188 N.W.2d 829 (Supreme Court of Minnesota, 1971)
Johnson v. County of Dakota
510 N.W.2d 237 (Court of Appeals of Minnesota, 1994)
State Ex Rel. Cooper v. French
460 N.W.2d 2 (Supreme Court of Minnesota, 1990)
Pletan v. Gaines
494 N.W.2d 38 (Supreme Court of Minnesota, 1992)
Hoppe v. Klapperich
28 N.W.2d 780 (Supreme Court of Minnesota, 1947)
Robinette v. Price
8 N.W.2d 800 (Supreme Court of Minnesota, 1943)
Orr v. Box
22 Minn. 485 (Supreme Court of Minnesota, 1876)
Hill v. Rasicot
25 N.W. 604 (Supreme Court of Minnesota, 1885)
Whitney v. Welnitz
190 N.W. 57 (Supreme Court of Minnesota, 1922)

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Bluebook (online)
720 N.W.2d 875, 2006 Minn. App. LEXIS 130, 2006 WL 2601396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pahnke-v-anderson-moving-and-storage-minnctapp-2006.