MN sovereign immunity

Minnesota case law summary by Attorney Richard Clem: MN sovereign immunity.

Juan Edward Shariss v. City of Bloomington. MN sovereign immunity

In this appeal from Hennepin County, the Minnesota Court of Appeals held:

A snowplow driver's decision to drive his snowplow in reverse, when not actively engaged in snow-removal operations, involves the execution of a ministerial duty that is not protected by common-law official immunity or vicarious official immunity.

No. A13-2293 (Minn. Ct. App. Aug. 18, 2014).

Please see the original opinion for the court's exact language.


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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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