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HYATT v. ANOKA POLICE DEPT.

No. A03-1707.

700 N.W.2d 502 (2005)

Lena M. HYATT, Respondent, v. ANOKA POLICE DEPARTMENT, et al., Appellants.

Court of Appeals of Minnesota.

July 19, 2005.

Attorney(s) appearing for the Case

Randall J. Fuller, William J. Marshall, Andrew J. Hippert, Babcock, Neilson, Mannella & Klint, P.L.L.P., Anoka, MN, for respondent.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, Bloomington, MN, for appellants.

Considered and decided by RANDALL, Presiding Judge, KLAPHAKE, Judge, and FORSBERG, Judge.

OPINION

KLAPHAKE, Judge.

After she was bitten by a police dog during the arrest of her husband, respondent Lena M. Hyatt sued appellant City of Anoka and its police department under the "dog bite" statute, Minn.Stat. § 347.22 (2002). The city moved for summary judgment, arguing that (1) the dog bite statute does not apply to police dogs; (2) it is entitled to either statutory or vicarious official immunity; and (3) its police department should be dismissed...

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