IN RE SCOTT COUNTY MASTER DOCKET

Civ. Nos. 3-85-774, 4-84-1066, 4-84-1214, 4-84-1230, 3-84-1615, 3-85-138, 4-84-1204, 4-84-1208, 3-85-1091, 3-85-1690, 4-85-869, 3-85-1754, 4-85-1594 and 4-86-139.

672 F.Supp. 1152 (1987)

In re SCOTT COUNTY MASTER DOCKET. Greg MYERS and Jane Myers, individually and as parents and natural guardians of Andy Myers, Amy Myers and Brian Myers, minors, Plaintiffs, v. SCOTT COUNTY and R. Kathleen Morris, Scott County Attorney, Scott County Welfare Department, and Peg Subby, its Director of Human Services, Thomas Price, and Phipps-Yonas & Price, P.A., Paul Thomsen, Guardian ad Litem, Doris Wilker Social Worker, and other employees of Scott County Human Services whose names and titles are unknown, Defendants. Duane RANK and Dee Rank, Plaintiffs, v. R. Kathleen MORRIS, individually and as Scott County Attorney; and John Doe Numbers 1-15, individually and as employees and agents of Scott County, a political subdivision of the State of Minnesota, and Scott County, Defendants. Charles LALLAK and Carol Lallak, husband and wife; and Jeffrey Lallak and Jennifer Lallak, minors, by Charles Lallak and Carol Lallak, their parents and natural guardians, Plaintiffs, v. SCOTT COUNTY; Scott County Attorney's Office; R. Kathleen Morris, Scott County Attorney; Scott County Sheriff's Department, Douglas Tietz, Scott County Sheriff; Michael M. Busch, Scott County Deputy Sheriff; Patrick Morgan, Scott County Deputy Sheriff; David Einertson, Scott County Deputy Sheriff; Norman Pint, Scott County Deputy Sheriff; other employees of Scott County Sheriff's Department whose names and titles are unknown; Scott County Human Services Department; Rachel Paff, Social Worker with Scott County Human Services Department; other employees of Scott County Human Services Department whose names and titles are unknown; City of Jordan, Jordan City Council; Gail Anderson, former mayor of Jordan; Donald Tillman, Mayor of Jordan; Jordan Police Department; Alvin Erickson, Jordan Police Chief; Larry Norring, Officer with Jordan Police Department; other employees of Jordan Police Department whose names and titles are unknown; Thomas L. Price, and Phipps-Yonas & Price, P.A., Defendants. Donald BUCHAN and Cindy Buchan, individually and as parents and natural guardians of Courtney Beth Buchan, Melissa Ellen Buchan, and William Donald Buchan, minors, Plaintiffs, v. SCOTT COUNTY and R. Kathleen Morris, Scott County Attorney, Scott County Human Services, and Peg Subby, its Director of Human Services, Thomas Price, and Phipps-Yonas & Price, P.A., Michael Shea and Shea & Associates, P.A., Diane Johnson, Guardian ad Litem, John Manahan, Guardian ad Litem, Doris Wilker, Social Worker, Mary Tafs, Social Worker, Judy Dean, Social Worker, Susan Devreis, Psychologist, and other employees of Scott County Human Services whose names and titles are unknown, and Douglas Tietz, Scott County Sheriff, Defendants. Daniel J. MEGER and Wanda Lou Meger, individually and as parents and natural guardians of Brian Meger and Chad Meger, minors, Plaintiffs, v. SCOTT COUNTY, a political subdivision of the State of Minnesota; R. Kathleen Morris, individually and in her official capacity as attorney for Scott County; Scott County Welfare Department and Margaret Subby, its Director of Human Services; Scott County Sheriff's Department and its deputies, Patrick Morgan and Michael Busch; Doris Wilker, Social Worker, Scott County Welfare Department; Joel Kaufmann, psychologist, Scott County Welfare Department; Jane McNaught, and Center for Child and Family Therapy; B.A. Bershow, M.D., and Burnsville Family Physicians, P.A.; John Doe and Mary Doe and other employees of Scott County whose names and titles are unknown, Defendants. Robert BENTZ and Lois Bentz, individually and as parents and natural guardians of Marlin Bentz, William Bentz and Anthony Bentz, minors, Plaintiffs, v. SCOTT COUNTY; R. Kathleen Morris, Scott County Attorney; Margaret Subby, Scott County Welfare Department/Director of Human Services; Doris Wilker, Social Worker, Scott County Welfare Department; Paul Thomsen, Guardian ad Litem; Michael Busch, Patrick Morgan and Norman Pint, Scott County Deputy Sheriffs; Michael Shea, Leslie Faricy, Michael Shea and Associates; and John Doe and Mary Roe; and other employees of Scott County Human Services whose names and titles are unknown, Defendants. Thomas and Helen BROWN, individually and as parents and natural guardians of Brandy Brown and Jeff Brown, Plaintiffs, v. SCOTT COUNTY and R. Kathleen Morris, Scott County Attorney, Scott County Welfare Department and Peg Subby, its Director of Human Services, Susan Phipps-Yonas and Phipps-Yonas & Price, P.A., John Manahan and Diane K. Johnson, Guardian ad Litems, Doris Wilker Social Worker, and other employees of Scott County Human Services whose names and titles are unknown, Defendants. Judith Ann KATH, Plaintiff, v. R. Kathleen MORRIS, individually and as Scott County Attorney; and unnamed Scott County employees, individually and as employees and agents of Scott County, a political subdivision of the State of Minnesota, and Scott County, Defendants. Coralene RAWSON, individually and as a parent and natural guardian of Sarah Rawson, Plaintiff, v. SCOTT COUNTY, R. Kathleen Morris, Scott County Attorney; Scott County Human Services and Peg Subby, Director of Scott County Human Services; Diane Johnson, Guardian ad Litem of Sarah Rawson; John Manahan, Guardian ad Litem of Sarah Rawson; Doris Wilker, Social Worker for Scott County Human Services; Karen Kandig, Social Worker for Scott County Human Services; Douglas Tietz, Scott County Sheriff; Patrick Morgan, Scott County Deputy Sheriff; Larry Norring, Scott County Deputy Sheriff; Michael Busch, Scott County Deputy Sheriff; Hubert H. Humphrey III, as Minnesota Attorney General and individually; Norman Coleman, as Assistant Minnesota Attorney General and individually; Michael Jordan, as Attorney General and individually; Charles Black, as Assistant Ramsey County Attorney, and individually; Wright Walling Attorney for Sarah Rawson and Diane Johnson, Guardians ad Litem, Defendants. Irene MEISINGER; and Jeanie M. Meisinger and James R.H. Meisinger, by Irene M. Meisinger, their mother and natural guardian, Plaintiff, v. SCOTT COUNTY: R. Kathleen Morris, Scott County Attorney; Scott County Sheriff's Department; Douglas Tietz, Scott County Sheriff; Deputy Sheriff Patrick Morgan; other employees of the Scott County Sheriff's Department whose names and titles are unknown; Larry Norring, Officer with Jordan Police Department; Scott County Human Services Department; Doris Wilker, Social Worker; Mary Tafs, Social Worker; and James Poulos, Social Worker, Defendants. Robert L. RAWSON, individually and as parent and natural guardian of Sarah Naomi Tiffany Rawson, Plaintiffs, v. SCOTT COUNTY and R. Kathleen Morris, Scott County Attorney; Scott County Sheriff Douglas Tietz; Scott County Deputy Sheriffs Patrick Morgan, Michael Busch, Norman Pint and David Einertson; Scott County Human Services Department and Margaret Subby, Director of Human Services; Social Worker Doris Wilker; and other Scott County officials or employees as yet unknown, Defendants. John JOE and Jane Joe, individually and as the parents and guardians of Tom Joe, Jim Joe, and Linda Joe, their minor children, Plaintiffs, v. SCOTT COUNTY; Scott County Attorney's Office; R. Kathleen Morris, individually and in her official capacity; Scott County Sheriff's Office; David Einertson, individually and in his official capacity; Michael Busch, individually and in his official capacity; Norman Pint, individually and in his official capacity; Scott County Human Services Department; Margaret Subby, individually and in her official capacity; Thomas Behr, individually and in his official capacity; Rachel Paff, individually and in her official capacity; and Victor Ellingson, individually and in his official capacity, Defendants. Scott GERMUNDSON, Marlene Germundson, Sara Germundson and Melissa Germundson, Plaintiffs, v. SCOTT COUNTY; Scott County Attorney's Office; R. Kathleen Morris, Scott County Attorney; R. Gehl Tucker, Nancy Platto, Miriam Wolfe, Mary Tafs, Karen Kandik, Paul Thomson; Scott County Sheriff's Department; Douglas Tietz, Scott County Sheriff; Michael M. Busch, Scott County Deputy Sheriff; Patrick Morgan, Scott County Deputy Sheriff; David Einertson, Scott County Deputy Sheriff; Norman Pint, Scott County Deputy Sheriff; other employees of Scott County Sheriff's Department whose names and titles are unknown; Scott County Human Services Department; Doris Wilker, Social Worker with Scott County Human Services Department; Margaret Subby, Director of Scott County Human Services; Other employees of Scott County Human Services Department whose names and titles are unknown; Larry Norring, Officer with Jordan Police Department; Susan Phipps-Yonas, and Phipps-Yonas & Price, P.A., Defendants. Terry MORGENSON, Plaintiff, v. SCOTT COUNTY; Scott County Attorney's Office; R. Kathleen Morris, Scott County Attorney, R. Gehl Tucker, Nancy Platto; Scott County Sheriff's Department; Douglas Tietz, Scott County Sheriff; Michael M. Busch, Scott County Deputy Sheriff; Patrick Morgan, Scott County Deputy Sheriff; David Einertson, Scott County Deputy Sheriff; Norman Pint, Scott County Deputy Sheriff; other employees of Scott County Sheriff's Department whose names and titles are unknown; Scott County Human Services Department; Doris Wilker, Social Worker with Scott County Human Services Department; Margaret Subby, Director of Scott County Human Services; other employees of Scott County Human Services Department whose names and titles are unknown; Thomas L. Price, and Phipps-Yonas & Price, P.A., Defendants.

United States District Court, D. Minnesota, Fourth Division.

November 2, 1987.


Attorney(s) appearing for the Case

Marc G. Kurzman, Kurzman, Grant, Manahan, Bluth & Barker, and David W. Larson, Minneapolis, Minn., for plaintiffs Greg Myers and Jane Myers, individually and as parents and natural guardians of Andy Myers, Amy Myers and Brian Myers, minors; and for plaintiffs Donald Buchan and Cindy Buchan, individually and as parents and natural guardians of Courtney Beth Buchan, Melissa Ellen Buchan, and William Donald Buchan, minors.

John R. Wylde and James William Hunter, Rapoport, Wylde & Nordby, Minneapolis, Minn., for plaintiffs Duane Rank and Dee Rank.

Thomas J. Hunziker, Hanley, Hergott & Hunziker, Minneapolis, Minn., for plaintiffs Charles Lallak and Carol Lallak; John Joe and Jane Joe, individually and as the parents and guardians of Tom Joe, Jim Joe, and Linda Joe, their minor children; Sara Germundson and Melissa Germundson; and Terry Morgenson.

Michael D. Madigan, Emundson, Johnson & Madigan, Minneapolis, Minn., for plaintiffs Jeffrey Lallak and Jennifer Lallak.

Patrick H. Elliott, Murphy, Blanchar & Elliott, Minneapolis, Minn.; Anthony L. Noterman, Shakopee, Minn.; David E. Albright, Albright, Blanchar & Elliott, P.A., Bloomington, Minn., for plaintiffs Daniel J. Meger and Wanda Lou Meger, individually and as parents and natural guardians of Brian Meger and Chad Meger, minors.

Barry V. Voss, Minneapolis, Minn., and Earl P. Gray, St. Paul, Minn., for plaintiffs Robert Bentz and Lois Bentz, individually and as parents and natural guardians of Marlin Bentz, William Bentz and Anthony Bentz, minors.

Robert G. Gubbe, Robert M. Frisbee, Edina, Minn., for plaintiffs Thomas and Helen Brown, individually and as parents and natural guardians of Brandy Brown and Jeff Brown.

Stan Nathanson, Minneapolis, Minn., for plaintiff Judith Kath.

Robert A. Nicklaus, Nicklaus, Monroe, Fahey & Cooper, Chaska, Minn., for plaintiff Coralene Rawson, individually and as a parent and natural guardian of Sarah Rawson.

Cortlen G. Cloutier, Joseph F. Lyons-Leoni, Cloutier & Musech, Minneapolis, Minn., for plaintiffs Irene Meisinger and Jeanie M. Meisinger and James R.H. Meisinger by Irene M. Meisinger, their mother and natural guardian.

William M. Orth, Dudley & Smith, St. Paul, Minn., for plaintiff Robert L. Rawson, individually and as parent and natural guardian of Sarah Naomi Tiffany Rawson.

Corey L. Gordon, Minneapolis, Minn., for plaintiffs John Joe and Jane Joe, individually and as the parents and guardians of Tom Joe, Jim Joe, and Linda Joe, their minor children.

Paul W. Rogosheske, Thuet, Lynch, Pugh & Rogosheske, South St. Paul, Minn., for plaintiffs Scott Germundson and Marlene Germundson.

Richard J. Chadwick and Jon K. Iverson, Chadwick, Johnson & Condon, P.A., Minneapolis, Minn., for defendants Scott County, a political subdivision of the State of Minn.; and Richard A. Beens (of counsel for Scott County), Steffen, Munstenteiger, Beens, Parta & Peterson, Anoka, Minn.

Donald F. Hunter and David Sturges, Gislason, Dosland, Hunter & Malecki, Minnetonka, Minn., for defendants Scott County Human Services; Peg Subby, its Director of Human Services; Doris Wilker, Social Worker; Rachel Paff, Social Worker with Scott County Human Services Dept.; Mary Tafs, Social Worker; Judy Dean, Social Worker; James Poulos, Social Worker; Joel Kaufmann, Psychologist, Scott County Welfare Dept.; Karen Kandig, Social Worker for Scott County Human Services; and other employees of Scott County Human Services, whose names and titles are unknown; and Richard F. Rosow, Lang, Pauly & Gregerson, Ltd. (of counsel, for Joel Kaufmann), Minneapolis, Minn.

James T. Martin, Gislason, Martin & Varpness, P.A., Edina, Minn., for defendants Scott Co. Atty. R. Kathleen Morris, Asst. Scott Co. Atty. Miriam Wolf, and Scott County Deputy Sheriffs Michael Busch, Norman Pint, Patrick Morgan and David Einertson, and other employees of Scott County Sheriff's Dept. whose names and titles are unknown, and Joan S. Morrow, Rider, Bennett, Egan & Arundel (for Scott County Deputy Sheriff Patrick Morgan), Minneapolis, Minn.

Loren M. Barta, New Prague, Minn., for defendant Douglas Tietz, Scott County Sheriff.

James O. Redman, Collins, Buckley, Sauntry & Haugh, St. Paul, Minn., and Frederick C. Brown, Robert H. Lynn, Thomas J. Radio, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, Minn., and Phillip R. Krass, Krass, Meyer & Walsten, Shakopee, Minn., for defendants City of Jordan; Jordan City Council; Alvin Erickson, Jordan Police Chief; Larry Norring, Officer with Jordan Police Dept.

James F. Roegge and Douglas Muirhead, Meagher, Geer, Markham, Anderson, Flaskamp & Brennan, Minneapolis, Minn., for defendant Susan Devreis, Psychologist.

Mark N. Stageberg, Lommen, Nelson, Sullivan & Cole, P.A., Minneapolis, Minn., for defendant Jane McNaught.

John R. McBride, Alan Bradbury, Donlin & McBride, P.A., St. Paul, Minn., for defendant B.A. Bershow, M.D.

John M. Degnan, Charles Lundberg, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, Minn., for defendants Diane Johnson, Guardian ad Litem of Sarah Rawson; John Manahan, Guardian ad Litem of Sarah Rawson; and Wright Walling, for Sarah Rawson and Diane Johnson, Guardian ad Litem.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., and Richard S. Slowes, Asst. Sol. Gen., St. Paul, Minn., for defendants Hubert H. Humphrey, III, as Minnesota Atty. Gen. and individually, Norman Coleman, as Asst. Minnesota Atty. Gen., and individually, Michael Jordan, as Atty. Gen. and individually; Charles Black, as Asst. Ramsey Co. Atty.


MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This case is before the Court for the second time on the motions of various plaintiffs and all defendants, including for the first time Scott County, for summary judgment. This long, sordid, and troubling matter, which has bitterly divided a community, ended a prosecutorial career, turned family members against family members, and almost certainly irretrievably harmed children, must come to an end. The Court...

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