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KAUTZMAN v. McDONALD

No. 20000156.

621 N.W.2d 871 (2001)

2001 ND 20

Paul KAUTZMAN and Susan Kautzman, Plaintiffs and Appellants, v. Cass County Deputy Sheriff Gregory McDONALD; Cass County Deputy Sheriff Jeff Olson; Cass County, North Dakota; State of North Dakota; North Dakota Highway Patrolman Mitchell Rumple; North Dakota Highway Patrolman Gary Odegard, Defendants and Appellees. City of Fargo, and Fargo City Policeman Al Dienslake, Defendants.

Supreme Court of North Dakota.

February 2, 2001.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Garaas Law Firm, Fargo, ND, for plaintiffs and appellants.

Angela Elsperger Lord, Vogel, Weir, Hunke & McCormick, Ltd., Fargo, ND, for defendants and appellees Cass County Deputy Sheriff Gregory McDonald; Cass County Deputy Sheriff Jeff Olson; Cass County, North Dakota.

Douglas A. Bahr, Solicitor General, Attorney General's Office, Bismarck, ND, for defendants and appellees State of North Dakota; North Dakota Highway Patrolman Mitchell Rumple; North Dakota Highway Patrolman Gary Odegard.

MARING, Justice.

[¶ 1] Paul and Susan Kautzman appealed from judgments dismissing their tort action, arising from the shooting deaths of their five dogs, against Cass County Deputy Sheriffs Gregory McDonald and Jeff Olson in their official capacities; North Dakota Highway Patrolmen Mitchell Rumple and Gary Odegard in their official capacities; Cass County; and the State. We conclude the trial court properly dismissed the action against the highway patrolmen and...

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