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HUTTNER v. STATE

Nos. C9-01-416, C6-01-437.

637 N.W.2d 278 (2001)

Sandra HUTTNER, in her capacity as Trustee for the Heirs and Next of Kin of Delores Fenske, Decedent, and Joanne Kinne, Respondents (C9-01-416), Appellants (C6-01-437), v. STATE of Minnesota, Ramsey County, Audrey Fischer, Kenneth Johnson, Leon Boeckmann, Behavioral Health Services, Inc., David L. Johnson, MD, and Larry Dewayne Davis, Jr., Appellants (C9-01-416), Respondents (C6-01-437).

Court of Appeals of Minnesota.

Review Denied November 13, 2001.

Attorney(s) appearing for the Case

Arlo H. Vande Vegte, P.A., Long Lake, MN, for appellant Huttner.

Susan Gaertner, C. David Dietz, St. Paul, MN, for respondents Ramsey County and Fischer.

Considered and decided by SCHUMACHER, Presiding Judge, STONEBURNER, Judge and PARKER, Judge.

OPINION

STONEBURNER, Judge.

During his provisional discharge from a commitment for mental illness, and while under the intensive supervision of Ramsey County social worker Audrey Fischer, Larry Dewayne Davis stopped taking the medication prescribed to control his mental illness. Davis became violent, attempted to murder Joanne Kinne, and murdered Delores Fenske. Sandra Huttner, as trustee for Fenske's heirs and...

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