Call 507-625-2525

August 30, 2023

Expungement of Eviction Records

In Housing & Redevelopment Authority of Duluth, MN v. Young, the Minnesota Court of Appeals held that district courts have the inherent authority to expunge judicially held eviction records.  Young was evicted from an apartment.  After his eviction, he became homeless and claimed resulting harm to his mental and physical health.  Moreover, while housed, he had received care from a personal-care assistant, which he could no longer have without a home.  Instead of seeking expungement of his record under various statutory criteria, he sought expungement under the court’s inherent authority.  In holding that the district court had inherent expungement authority,...
Read More

State Not Strictly Liable for Dog Attacks

In Berrier v. Minnesota State Patrol, the Minnesota Court of Appeals held that the State is not strictly liable for injuries arising out of an unprovoked attack by a state patrol dog.  Minnesota statutes impose strict liability, that is liability without the need to prove negligence or failure to use reasonable care, on dog owners for injuries arising out of unprovoked attacks.  However, government entities enjoy numerous immunities to suit and, in this case, the court of appeals held that the State had not waived its immunities to strict liability dog attack claims.  With strict liability claims unavailable, the claimant...
Read More