ELWOOD v. RICE COUNTY

No. CX-87-1597.

423 N.W.2d 671 (1988)

Kenneth L. ELWOOD, et al., Respondents, v. COUNTY OF RICE, et al., Respondents, Stanley Pacolt, et al., Appellants.

Supreme Court of Minnesota.

May 6, 1988.


Attorney(s) appearing for the Case

Mark J. Condon, Jon K. Iverson, Minneapolis, for Stanley Pacolt, et al.

David L. Einhaus, Owatonna, for Kenneth Elwood.

James R. Keating, Faribault, for Rice County et al.

Heard, considered and decided by the court en banc.


POPOVICH, Justice.

This case arrives on the certified question restated essentially as follows: Should a peace officer who is acting within qualified immunity for purposes of an action under 42 U.S.C. § 1983 be granted the same qualified immunity from liability for state tort actions alleging trespass and battery?

The case stems from a domestic dispute investigation by two Rice County deputy sheriffs. Plaintiffs sued the officers, alleging assault, battery...

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