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ERICKSON v. COUNTY OF CLAY

No. C4-89-1633.

451 N.W.2d 666 (1990)

Robert A. ERICKSON, Respondent, v. The COUNTY OF CLAY, et al., Appellants, Lyle Usgaard, Defendant.

Court of Appeals of Minnesota.

February 27, 1990.

Attorney(s) appearing for the Case

Thomas M. Stieber, James M. Riley, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for respondent.

Kevin J. Rupp, Peter D. Bergstrom, Ratwik, Roszak, Bergstrom, Maloney & Bartel, P.A., Minneapolis, for appellants.

Hubert H. Humphrey III, Atty. Gen., David T. Schultz, Sp. Asst. Atty. Gen., St. Paul, for defendant.

Considered and decided by NORTON, P.J., and HUSPENI and STONE, JJ.

OPINION

HUSPENI, Judge.

Respondent Robert A. Erickson sought redress under 42 U.S.C. § 1983 and under theories of defamation, malicious prosecution, negligent supervision of the prosecuting attorney, and vicarious liability. Appellants Clay County and its prosecutors, Larry Mickelberg and Donald Shoop, its investigator Larry Costello and its informant (John Doe) moved to dismiss the complaint under Minn.R.Civ.P. 12.02 for failure to state a claim because...

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