Roschen v. Wabasha County

29 F. Supp. 3d 1244, 2014 U.S. Dist. LEXIS 87005, 2014 WL 3105032
CourtDistrict Court, D. Minnesota
DecidedJune 26, 2014
DocketCivil No. 13-2490 ADM/SER
StatusPublished

This text of 29 F. Supp. 3d 1244 (Roschen v. Wabasha County) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roschen v. Wabasha County, 29 F. Supp. 3d 1244, 2014 U.S. Dist. LEXIS 87005, 2014 WL 3105032 (mnd 2014).

Opinion

MEMORANDUM OPINION AND ORDER

ANN D. MONTGOMERY, District Judge.

I. INTRODUCTION

Before the Court are Defendants’ motions to dismiss and/or to sever [Docket Nos. 37 (Ramsey County), 41 (Anoka County, Anoka County Community Corrections), 43 (Dakota County), 44 (Henne-pin County), 47 (City of Duluth), 50 (City of St. Paul), 56 (City of Minneapolis), 69 (Fond du Lac Police Department), 73 (Olmsted County), 76 (City of Austin, City of Cannon Falls, City of Chaska, City of Cloquet, City of Deerwood, City of Eagan, City of Fairmont, City of Goodview, City of Hastings, City of Kasson, City of Kenyon, City of Lake City, Lakes Area Police Department, City of Mantorville, City of Medina, City of Minnetonka, City of Oak-dale, City of Park Rapids, City of Plain-view, City of Prior Lake, City of Red Wing, City of Richfield, City of Rochester, City of Rosemount, City of Roseville, City of Sartell, City of St. Cloud, City of Staples, City of Stillwater, City of Wabasha, City of Waterville, City of White Bear Lake, City of Winona), 82 (Anoka County), 90 (Benton County, Blue Earth County, Blue Earth County Community Corrections, Chisago County, Faribault County, Goodhue County, Jackson County, Lake County, Martin County, Josh Milow, Nicol-let County, Ottertail County, Renville County, Scott County, Steele County, Wa-basha County, Washington County, Wino-na County, Wright County), 94 (Metro Transit Police Department) ]. Plaintiffs oppose all of the above motions. For the reasons stated herein, Defendants’ motions are granted.

II. BACKGROUND

The Driver and Vehicle Services Division of the Minnesota Department of Public Safety (“DPS”) maintains a password protected database of Minnesota drivers’ motor vehicle records (“DVS database”), which includes each licensed driver’s name, date of birth, driver’s license number, address, photograph, weight, height, eye col- or, social security number, and some limited health and disability information. Am. Compl. [Docket No. 29] ¶ 106. Law enforcement personnel have access to the DVS Database through either a DVS website or a system operated by the Bureau of Criminal Apprehension. Each law enforcement employee is issued a password allowing access to the DVS database. Id. ¶ 219.

In 2013, Plaintiffs requested and received an audit report prepared by the DPS. The report shows that law enforcement employees viewed Plaintiffs’ driver’s license information at various times and from various locations from 2003-2013. Id. ¶ 184. “Upon information and belief,” Plaintiffs allege each of these views, or “look-ups,” was illegal, that is, viewed without a federally-permitted purpose. Id. ¶¶ 89-90. Plaintiffs identify themselves as a group of “politically active” members, [1249]*1249who “spoke out on community and [Waba-sha] county affairs.” 1 Id. ¶ 87.

The Amended Complaint does not allege specific facts about the roles of individual Plaintiffs in the group, where the group is located, or the nexus between the group and its members. Instead, Plaintiffs allege the “group consists of generally concerned people who politically participate together in Wabasha County government.” Id. ¶ 92. The Amended Complaint also states Plaintiffs, as a group, encourage members to speak out on issues, write and publish materials, and attend county board meetings. Some members of the group have also won and lost elections. The Amended Complaint includes a Plaintiff, State Representative Steve Drazkowski, who campaigned for office in 2006-2008, 2010, and 2012. Id. ¶ 95. Plaintiff Commissioner Deb Roschen won a Wabasha County Board seat in 2010; Commissioner David Harms won a county board seat in 2010; and, Merl Norman won a county board seat in 2008, but lost his re-election bid in 2012. Id. ¶¶ 96-98. It is also alleged that members of “the group” have participated in litigation in state court: first, some of the Plaintiffs sued Wabasha County for improper organization of a Wa-basha County Study Commission, and second, some of the Plaintiffs sued Wabasha County Sheriffs Office in 2013 for operating an unauthorized drivers’ safety school.2

Plaintiffs name as defendants 26 counties, 36 cities, 3 police departments, and 7 individuals acting in their individual and official capacities. Plaintiffs also name many unknown John and Jane Does (1-1000), Minnesota Department of Public Safety Does (1-30), and Entity Does (1-50) including cities, counties, municipalities, district courts, court services, and other entities sited in Minnesota. The eighteen Plaintiffs claim Defendants collectively and individually accessed Plaintiffs’ private data 600 times from April 18, 2003 through the filing of the Complaint on September 12, 2013. Compl. [Docket No. 1] Ex. A. Plaintiffs speculate these look-ups were caused by their participation in politics critical of Wabasha County. Id. ¶ 102. Plaintiffs claim the “sheer volume” of accesses revealed by the DVS audit show these look-ups are violations of federal law. Id. ¶¶ 249, 273, 297, 321, 345, 369, 393, 417, 441, 465.3 All Plaintiffs also bring a common law invasion of privacy claim against all Defendants. Id. ¶¶ 473-77 (Count XI).

III. DISCUSSION

A. DPPA

This case is one of many very similar cases brought in this jurisdiction under the Federal Driver’s Privacy Protection Act (“DPPA”).4 The DPPA prohibits “any [1250]*1250person” from “knowingly ... obtaining] or disclosing] personal information, from a motor vehicle record, for any use not permitted under Section 2721(b) of this title.” 18 U.S.C. § 2722. As defined by the Act, “personal information” means basic identification information including name, photograph, address, social security number, and driver’s license number. See id. § 2725(3). The Act lists numerous permitted uses, including “use by any government agency, including any court or law enforcement agency, in carrying out its functions....” Id. § 2721(b)(1). The circuit courts which have addressed the issue of burden of proof have held the plaintiff has the burden of proving each element of the civil claim, including whether the retrieval was for a “purpose not permitted” by the Act. See Thomas v. George, Hartz, Lundeen, Fulmer, Johnstone, King, & Stevens, P.A., 525 F.3d 1107, 1110-14 (11th Cir.2008); Maracich v. Spears, 675 F.3d 281, 299-300 (4th Cir.2012); Howard v. Criminal Info. Servs., Inc., 654 F.3d 887, 890-91 (9th Cir.2011).

B. Statute of Limitations

As an initial matter, DPPA claims are subject to a four-year statute of limitations. 28 U.S.C. § 1658(a). Defendants argue that since Plaintiffs filed their Complaint on September 12, 2013, the statute of limitations bars claims made against look-ups occurring before September 12, 2009. Plaintiffs argue that pre-September 12, 2009 claims are not barred because the discovery rule applies, and the Plaintiffs did not learn of the alleged look-ups until they obtained the audit report in 2013.

The Court finds Judge Patrick J. Schiltz’s analysis in

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Bluebook (online)
29 F. Supp. 3d 1244, 2014 U.S. Dist. LEXIS 87005, 2014 WL 3105032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roschen-v-wabasha-county-mnd-2014.