LUNDBERG v. SCOGGINS

No. C5-82-1410.

335 N.W.2d 235 (1983)

Michael Charles LUNDBERG, Appellant, v. Dana SCOGGINS, Respondent.

Supreme Court of Minnesota.

June 17, 1983.


Attorney(s) appearing for the Case

Meshbesher, Singer & Spence, Ronald I. Meshbesher, Michael C. Snyder and Patrick K. Horan, Minneapolis, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, James M. Riley and James F. Roegge, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


PETERSON, Justice.

The issue presented in this case, one of first impression, is whether a complaint of negligent accusation and misidentification of a criminal suspect states a claim upon which relief can be granted. We hold that it does not, for longstanding public policy reasons encouraging witness/victim participation in criminal investigations and prosecutions.

The issue arises in the following factual context. Defendant was sexually assaulted as she...

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