GALLAGHER v. MAGNER

Nos. 09-1209, 09-1528, 09-1579.

619 F.3d 823 (2010)

Thomas J. GALLAGHER; Joseph J. Collins, Sr.; Dadder's Properties, LLC; Dadder's Estates, LLC; Dadder's Enterprises, LLC; Dadder's Holdings, LLC; Troy Allison; Jeff Kubitschek; Sara Kubitschek, Plaintiffs-Appellants, v. Steve MAGNER, individually and as a supervisor of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Mike Cassidy, individually and as a code enforcement officer of the City of St. Paul; Joel Essling, individually and as a code enforcement officer of the City of St. Paul; Steve Schiller, individually and as a code enforcement officer of the City of St. Paul; Joe Yannarelly, individually and as a code enforcement officer of the City of St. Paul; Dennis Senty, individually and as a code enforcement officer of the City of St. Paul; Michael Urmann, individually and as a fire inspector of the City of St. Paul; Andy Dawkins, individually and as Director of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Randy Kelly, individually and as Mayor of City of St. Paul; John Doe; Jane Doe, individually and in their official capacities as code enforcement officers of City of St. Paul's Department of Neighborhood Housing and Property Improvement, law enforcement officers or other officials or employees of the City of St. Paul; City of St. Paul, a municipal corporation, Defendants-Appellees, Frank J. Steinhauser, III; Mark E. Meysembourg; Kelly G. Brisson, Plaintiffs-Appellants, v. City of St. Paul, a municipal corporation; Randy Kelly, individually and as Mayor of City of St. Paul; Andy Dawkins, individually and as Director of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Lisa Martin, individually and as a code enforcement officer of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Steve Magner, individually and as a supervisor of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Dean Koehnen, individually and as a law enforcement officer of City of St. Paul; John Doe; Jane Roe, individually and in their official capacities as code enforcement officers of City of St. Paul's Department of Neighborhood Housing and Property Improvement, law enforcement officers or other officials or employees of the City of St. Paul, Defendants-Appellees. Sandra Harrilal, Plaintiff-Appellant, Bee Vue; Lamena Vue, Plaintiffs, Steven R. Johnson, doing business as Market Group and Properties, Plaintiff-Appellant, v. Steve Magner, individually and as a supervisor of City of St. Paul's Department of Neighborhood Housing and Property Improvement; Michael Kalis, individually and as a code enforcement officer of City of St. Paul; Dick Lippert, individually and as a code enforcement officer of the City of St. Paul; Kelly Booker, individually and as a code enforcement officer of the City of St. Paul; Jack Reardon, individually and as a code enforcement officer of the City of St. Paul; Paula Seeley, individually and as a code enforcement officer of the City of St. Paul; Lisa Martin, individually and as a code enforcement officer of the City of St. Paul; Dean Koehnen, individually and as a law enforcement officer of the City of St. Paul; Andy Dawkins, individually and as Director of the City of St. Paul's Department of Neighborhood Housing and Property Improvement; Randy Kelly, individually and as Mayor of the City of St. Paul; individually, jointly and severally; John and Jane Doe, individually and in their official capacities as code enforcement officers of the City of St. Paul's Department of Neighborhood Housing and Property Improvement, law enforcement officers or other officials or employees of the City of St. Paul; City of St. Paul, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 1, 2010.


Attorney(s) appearing for the Case

Matthew Allen Engel , argued, St. Paul, MN, for Gallagher, Collins and Dadders.

John R. Shoemaker , argued, Bloomington, MN, for Steinhauser, Meysembourg, Johnson and Harrilal.

Louise Toscano Seeba , argued, St. Paul, MN, for Appellees.

Before WOLLMAN, BYE, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Several owners and former owners of rental properties in St. Paul, Minnesota brought these consolidated actions, challenging the City of St. Paul's ("the City") enforcement of its housing code. The property owners appeal the district court's (1) dismissal of their claims on summary judgment, (2) denial of sanctions for spoliation of evidence, and (3) denial of discovery regarding Appellee Steve Magner...

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