MALLAK v. CITY OF BAXTER

Nos. 15-1815, 15-1819.

823 F.3d 441 (2016)

Brook MALLAK, Plaintiff-Appellee v. CITY OF BAXTER; City of Brainerd; Cass County; Crow Wing County; City of Fridley; City of Little Falls; City of St. Cloud; City of Staples; Department of Public Safety of the State of Minnesota; Chad Visser, acting in his individual capacity as an Officer of the Baxter Police Department; Julie McCullough, acting in her individual capacity as an employee of the Brainerd Police Department; Joel Reed, acting in his individual capacity as an Officer of the Brainerd Police Department, Defendants Anthony Runde, acting in his individual capacity as an Officer of the Brainerd Police Department; Perry Jones, acting in his individual capacity as a Detective for the Fridley Police Department; David Darling, acting in his individual capacity as an Officer of the St. Cloud Police Department, Defendants-Appellants Tyler Burke, acting in his individual capacity as an employee of the Crow Wing County Sheriff's Office; Amy Edberg, acting in her individual capacity as an employee of the Crow Wing County Sheriff's Department; Ryan Goff, acting in his individual capacity as a corrections officer for the Crow Wing County Sheriff's Office and in his individual capacity as an Officer of the City of Staples Police Department; Gary Gutenkauf, acting in his individual capacity as an Officer of the Crow Wing County Sheriff's Office; Ginger Heurung, acting in her individual capacity as a corrections officer for the Crow Wing County Sheriff's Office; Derek Lavoy, acting in his individual capacity as an investigator for the Crow Wing County Sheriff's Office; Illissa Ramm, acting in her individual capacity as an Assistant County Attorney in the Crow Wing County Attorney's Office; Michael Tripplet, acting in his individual capacity as a corrections officer for the Crow Wing County Sheriff's Office; Karri Turcotte, acting in her individual capacity as an employee of the Crow Wing County Sheriff's Office; Jon Vukelich, acting in his individual capacity as a Sergeant of the Crow Wing County Sheriff's Office; Ryan Barnett, acting in his individual capacity as an employee of Central Minnesota Community Corrections; Dawn Chouinard, acting in her individual capacity as an employee of Central Minnesota Community Corrections; Shannon Wussow, acting in her individual capacity as an employee of Central Minnesota Community Corrections; Colleen Berens; Laura Johnson; Lori Lucas; Christine Madsen; Joan Smith; Central Minnesota Community Corrections; John and Jane Does (1-500), acting in their individual capacities as supervisors, officers, deputies, staff, investigators, employees or agents of the other law-enforcement agencies; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota and federal departments and agencies, Defendants. Brook Mallak, Plaintiff-Appellee v. City of Baxter; City of Brainerd; Cass County; Crow Wing County; City of Fridley; City of Little Falls; City of St. Cloud; City of Staples; Department of Public Safety of the State of Minnesota; Chad Visser, acting in his individual capacity as an Officer of the Baxter Police Department; Julie McCullough, acting in her individual capacity as an employee of the Brainerd Police Department; Joel Reed, acting in his individual capacity as an Officer of the Brainerd Police Department; Anthony Runde, acting in his individual capacity as an Officer of the Brainerd Police Department; Perry Jones, acting in his individual capacity as a Detective for the Fridley Police Department; David Darling, acting in his individual capacity as an Officer of the St. Cloud Police Department; Tyler Burke, acting in his individual capacity as an employee of the Crow Wing County Sheriff's Office; Amy Edberg, acting in her individual capacity as an employee of the Crow Wing County Sheriff's Department, Defendants Ryan Goff, acting in his individual capacity as a corrections officer for the Crow Wing County Sheriff's Office and in his individual capacity as an Officer of the City of Staples Police Department, Defendant-Appellant Gary Gutenkauf, acting in his individual capacity as an Officer of the Crow Wing County Sheriff's Office; Ginger Heurung, acting in her individual capacity as a corrections officer for the Crow Wing County Sheriff's Office; Derek Lavoy, acting in his individual capacity as an investigator for the Crow Wing County Sheriff's Office; Illissa Ramm, acting in her individual capacity as an Assistant County Attorney in the Crow Wing County Attorney's Office; Michael Tripplet, acting in his individual capacity as a corrections officer for the Crow Wing County Sheriff's Office; Karri Turcotte, acting in her individual capacity as an employee of the Crow Wing County Sheriff's Office; Jon Vukelich, acting in his individual capacity as a Sergeant of the Crow Wing County Sheriff's Office; Ryan Barnett, acting in his individual capacity as an employee of Central Minnesota Community Corrections; Dawn Chouinard, acting in her individual capacity as an employee of Central Minnesota Community Corrections; Shannon Wussow, acting in her individual capacity as an employee of Central Minnesota Community Corrections; Colleen Berens; Laura Johnson; Lori Lucas; Christine Madsen; Joan Smith; Central Minnesota Community Corrections; John and Jane Does (1-500), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other law-enforcement agencies; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota and federal departments and agencies, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2016.


Attorney(s) appearing for the Case

Jon K. Iverson , argued, Bloomington, MN ( Susan M. Tindal and Stephanie A. Angolkar , on the brief), for Appellants in Case 15-1815.

Jason M. Hill , argued, Minneapolis, MN, for Appellant in Case 15-1819.

Robin M. Wolpert , argued, Minneapolis, MN ( Jonathan A. Strauss , Lorenz F. Fett, Jr. , and Sonia Miller-Van Oort , on the brief), for Appellee.

Before MURPHY, BEAM, and GRUENDER, Circuit Judges.


Brook Mallak sued various municipalities and their employees under the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. §§ 2721-25, alleging that these employees had accessed improperly her personal data on a number of occasions. The defendants moved for summary judgment based on qualified immunity. The district...

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