Riemers v. State

20070038
Court of Appeals
Roland C. Riemers, Plaintiff and Appellant
v.
State of North Dakota, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Sonja Clapp
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pro se
Appellee: Douglas Alan Bahr , Att. General Office
Term: 07/2007   Argument: 07/10/2007  11:00am
ND cite: 2007 ND App
NW cite: 738 N.W.2d 906

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the Court err in greatly broadening its decisions into areas that were not part of the State's Motion for Summary Judgment?
II. Was Riemers requests for injunctive and declaratory relief moot?
III. Did Riemers lack standing to bring his constitutional challenges.
IV. Were Riemers' Constitutional challenges barred by collateral estoppel?
V. Did Riemers fail to state a claim for money damages?
VI. Did the Court error by not striking the Siems' Affidavit?
VII. Did the Court error in not permitting the jury to decide the law as well as the facts?

Reply Brief Issues
I. Is the state deliberately misleading this court in regards to the facts?
II. Did the state have the right to make a reply brief under a summary judgment motion?
III.Did the state raise the constitutional issues in its motion or answer?
IV.Is there a right to a cause of action for defamation under the state constitution?
V. Does the state need immunity so that it can lie to the public?
VI.Is a warrant an absolute bar to a claim of false arrest?

Appellee's Statement of the Issues:
I. The district court properly found Riemers' requests for declaratory and injunctive relief against the CSE Office are moot.
II. The district court properly dismissed Riemers' claims for money damages.
III. The district court properly dismissed Riemers' constitutional claims.
IV. The district court properly granted summary judgment.

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Docket entries:
102/01/2007 NOTICE OF APPEAL: 01/31/2007
202/26/2007 RECORD ON APPEAL,not rec'd w/ROA were Steno Notes (Entry No. 10)
303/09/2007 APPELLANT APPENDIX
403/10/2007 APPELLANT BRIEF
503/10/2007 DISK - ATB (emailed)
603/13/2007 Affidavit of Service by Mail on 3-10-07
704/04/2007 APPELLEE BRIEF (revised)
804/04/2007 Addendum to Appellee's Brief (attached to AEB)
904/04/2007 DISK - aeb (E-mailed)
1004/11/2007 Assigned to Court of Appeals Panel
1105/02/2007 MOT. EXT/TIME REPLY BRIEF (letter dated 4-30-07 w/attachments from Roland C. Riemers)
1205/02/2007 ACTION BY CLERK (RYB). Granted: 04/30/2007
1305/05/2007 REPLY BRIEF of Appellant (revised)
1405/05/2007 DISK - ryb (e-mailed)
1507/10/2007 APPEARANCES: Roland C. Riemers; Douglas A. Bahr
1607/10/2007 ARGUED: Riemers; Bahr
1707/10/2007 ORAL ARGUMENT WEBCAST
1808/15/2007 DISPOSITION: AFFIRMED
1908/15/2007 UNANIMOUS OPINION: Per Curiam
2008/15/2007 Costs on appeal taxed in favor of Appellee
2108/20/2007 Judgment Mailed to Parties
2208/28/2007 Petition for Review (Court of Appeals)
2308/28/2007 DISK - PFR (faxed)
2409/06/2007 Copies of Petition for Review
2510/16/2007 ACTION BY SUPREME COURT (Petition for Review). Denied
2610/26/2007 MANDATE
2711/01/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/18/2014