Zuger v. State

20030170 William P. Zuger, Plaintiff and Appellant
v.
State of North Dakota, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Lawrence E. Jahnke
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pro se
Appellee: Tag Christian Anderson , Att. General Office
Term: 10/2003   Argument: 10/22/2003  10:45am
ND cite: 2004 ND 16
NW cite: 673 N.W.2d 615

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The state merit selection law, NDCC chapter 54.44.3, and the administrative regulations promulgated to enforce it are binding on the State and a clear breach of its provisions is a wrong for which the state=s tort claim statute, NDCC chapter 32-12.2, provides a remedy, as alleged by the Complaint.
2. The state merit selection law also creates a sufficient property interest in those it protects from discrimination to permit an action against the State under the 14th amendment of the United States Constitution, as alleged by the Complaint.
3. The Complaint also alleges a cause of action for the tort of outrage, for which action may be brought by virtue of the state=s tort claim act, NDCC chapter 32-12.2.

Appellee's Statement of the Issues:
I. Whether in opposition to Defendant's motion for summary judgment, Plaintiff properly presented the trial court with competent admissible evidence, which raised genuine issues of material fact.

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Docket entries:
106/12/2003 NOTICE OF APPEAL: 06/10/2003
207/14/2003 APPELLANT BRIEF
307/14/2003 APPELLANT APPENDIX
407/14/2003 DISK - atb
507/21/2003 RECORD ON APPEAL.Not recd:#38,39,40,41,42,&43--Depositions,which clerk indicates will be sent later
607/29/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED JULY 28, 2003 (entries 38-43 and 64-67 & Disk of Depos)
707/29/2003 Not rec'd were entry #63 (ltr from Supreme Ct.) and Kim Wassim Depo. Exh.22, part of entry 39
808/06/2003 APPELLEE BRIEF
908/06/2003 APPELLEE APPENDIX
1008/06/2003 DISK - AEB (e-mailed)
1108/07/2003 Letter dated 8-7-03 (fax) from William Zuger stating he will not file any further brief
1208/15/2003 2nd Supplemental Clerk's Certificate dated 8-14-03 (Entry Nos. 68-74)
1308/18/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1409/24/2003 SITTING WITH THE COURT: Rothe-Seeger, Cynthia
1510/02/2003 Request for Media Coverage (AP) e-mail dated 10-02-03 from Dale Wetzel (APPROVED)
1610/16/2003 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
1710/16/2003 SITTING WITH THE COURT: Hodny, William F.
1810/22/2003 APPEARANCES: William P. Zuger; Tag C. Anderson
1910/22/2003 ARGUED: Zuger; Anderson (Vol. Y; Page 159)
2010/22/2003 ORAL ARGUMENT WEBCAST
2101/20/2004 DISPOSITION: AFFIRMED
2201/20/2004 UNANIMOUS OPINION: Maring, Mary Muehlen
2301/20/2004 Costs on appeal taxed in favor of appellee
2401/20/2004 Judgment Mailed to Parties
2502/11/2004 MANDATE
2602/17/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2710/22/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014