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KIPP v. SAETRE

No. CX-89-1765.

454 N.W.2d 639 (1990)

Uwe KIPP, et al., Respondents, v. Warren SAETRE, et al., Defendants, Thomas Rosenthal, individually and as Probation Agent for Crow Wing County, et al., Appellants, John Erickson, individually and as Assistant Public Defender, Respondent.

Court of Appeals of Minnesota.

Review Denied June 26, 1990.

Attorney(s) appearing for the Case

A. Keith Hanzel, St. Paul, for Uwe Kipp, et al.

Jon P. Parrington, Pustorino, Pederson, Tilton & Parrington, Minneapolis, for appellants.

Timothy Murphy, St. Paul, for John Erickson.

Hubert H. Humphrey, III, State Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae Minnesota County Attys. Assoc.

Considered and decided by HUSPENI, P.J., and SCHUMACHER and LESLIE, JJ.

OPINION

HUSPENI, Judge.

Appellants, a county prosecutor and a county probation officer, were sued by respondent, who alleged that they were responsible for his improper incarceration without a probation revocation hearing. Appellants' motion for summary judgment on the grounds of their absolute or qualified immunity from a civil rights claim and their official immunity from false arrest and false imprisonment claims was denied by the trial court. We reverse...

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