Del VALLE BY SIGETTE v. TAYLOR

Civ. No. A2-83-148.

587 F.Supp. 514 (1984)

Marie Del VALLE, by her next friend, Cory SIGETTE, Plaintiffs, v. Gordon TAYLOR, Sheriff of Grand Forks County, North Dakota, Bud Ellefson, Lloyd E. Rath, Grand Forks County Deputy Sheriffs, Karen Ann Kiefel, Grand Forks County Detention Center Attendant, Hugh Gallagher, Chief Probation Officer, Grand Forks County Juvenile Court, Dennis Herbeck, Dorothy Ramberg, Grand Forks County Juvenile Supervisors, Emmons Christopher, James A. Earl, Robert Kinney, Neil Hensrud, Donald "Tim" Matteson, Individually and as Members of the Grand Forks County Commission, Grand Forks County, North Dakota, a political subdivision, Art Sanborn, Wayne Waggonmaker, Dennis Eggebraten, officers and Employees of the Grand Forks Police Department, Grand Forks, North Dakota, H.C. "Bud" Wessman, Mayor of the City of Grand Forks, North Dakota, Allan Pearson, Markus L. Dahl, Michael Polovitz, Ludwik Kulas, Neome Bushaw, Marvin Dehn, Reuben Larson, Robert Hanson, Joe Ford, Dennis Johnson, Arden Shores, Richard Shea, James Johnson, Tom Hagness, Aldermen for the City of Grand Forks, North Dakota, City of Grand Forks, North Dakota, a Municipal Corporation, Gary Cariveau, Odney Ellingson, Curtis Ellingson, Michael Lealos, Officers and Employees of the East Grand Forks Police Department, East Grand Forks, Minnesota, Louis A. Murray, Mayor of the City of East Grand Forks, Minnesota, Paul J. Hanson, Al Lafave, George E. Wogaman, City Councilmen and Members of the Police-Fire Committee, City of East Grand Forks, Minnesota, and City of East Grand Forks, Minnesota, a Municipal Corporation, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

July 10, 1984.


Attorney(s) appearing for the Case

C. Nicholas Vogel, Fargo, N.D., for plaintiffs.

E. Thomas Conmy III, Nilles, Hansen, Magill & Davies, Ltd., Fargo, N.D., for defendants Cariveau, Ellingson, Ellingson, Lealos, Murray, Hanson, Lafave, Wogaman and City of East Grand Forks, Minn.

Robert O. Wefald, Atty. Gen., Kathryn Dietz and Nancy Hoff, Asst. Attys. Gen., Bismarck, N.D., for defendants Ramberg and Herbeck.

Paul E. Grinnell, Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for defendants Sanborn, Waggonmaker, Eggebratten, Wessman, Pearson, Dahl, Polovitz, Kulas, Bushaw, Dehn, Larson, Hanson, Ford, Johnson, Shores, Shea, Johnson, Hagness and City of Grand Forks.

Robert Vaaler and Ed Gillig, Sp. Asst. Atty. Gen., Grand Forks, N.D., for defendant Hugh Gallagher.

Evan F. Heustis, Haugland & Heustis, Devils Lake, N.D., for defendants Gordon Taylor, Ellefson, Rath, Koefel, Christopher, Earl, Kenney, Hensrud, Matteson, Grand Forks County.


MEMORANDUM AND ORDER

BENSON, Chief Judge.

A discovery conference, pursuant to rule 26(f) of the Federal Rules of Civil Procedure, was held at which the court inquired, pursuant to rule 11, whether the claim asserted against each individual defendant named in the complaint was well grounded in fact and warranted by law. In addition, the court heard arguments on the motions of Defendant Dorothy Ramberg and Dennis...

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