Grager v. Schudar
v.
Kevin Schudar, individually
and as an Employee of Barnes
County, North Dakota, and
Barnes County, a political
subdivision of the State of
North Dakota, Defendants and Appellees
Judge James M. Bekken
| Appellant: | Pro se | |
| Appellee: | Smith Bakke Porsborg Schweigert & Armstrong | |
| Appellee: | Howard D. Swanson |
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I.The Court erroneously submitted an instruction allowing consent as an absolute defense to all tort and constitutional claims.
II.The Court failed to properly instruct the jury on the issue of scope of employment.
III.The Court erred in giving a specific instruction on consensual sexual act.
IV.The Court erred in instructing the jury on judicial notice regarding the affect of an Attorney General's opinion.
V.The failure of Barnes County to produce audio recordings of the interview with the female inmates and Kevin Schudar which deprived MG of a reasonable opportunity to cross examine key defense witnesses including Kevin Schudar and Tom Fiebiger.
VI.The District Court prejudiced MG's claim by barring introduction of evidence concerning Barnes County hiring of Jailor Moe Gibbs who abused inmates in a similar manner.
VII.The Court erred in allowing Defendant Schudar to call Special Agent Cal Dupree ostensibly as a rebuttal witness when MG provided no rebuttal testimony.
VIII.The Court erred in barring MG from having Susan Delmore testify as to the sexual assault by Jailor Kevin Schudar.
Appellee's Statement of the Issues:
Kevin Schudar's Statement of Issues
I.Whether the trial court's jury instruction on "consent" was a proper statement of law.
II.Whether the trial court's instructions regarding scope of employment were a proper statement of law.
III.Whether the trial court's instruction on "consensual sexual act" was a proper statement of the law.
IV.Whether the trial court properly took judicial notice of the existence of Attorney General's opinions.
V.Whether production of audio recordings of investigative interviews during trial deprived plaintiff of an opportunity for cross-examination of witnesses.
VI.Whether the trial court abused its discretion by excluding evidence concerning Barnes County's subsequent hiring of Jailor Moe Gibbs.
VII.Whether the trial court's admission of "rebuttal/impeachment" testimony by Special Agent Cal Dupree was in error.
VIII.Whether the trial court's exclusion of Susan Delmore's testimony concerning her alleged prior sexual contact with Kevin Schudar was in error.
Barnes Co. Statement of Issues
1. Whether the trial court's jury instructions regarding "consent" were a proper statement of law.
2. Whether the trial court's instruction regarding "scope of employment" was a proper statement of law.
3. Whether the trial court properly took judicial notice of North Dakota Attorney General's Opinions.
4. Whether the production of audio recordings of investigative interviews during trial deprived Plaintiff of an opportunity for cross-examination of witnesses.
5. Whether the trial court abused its discretion by excluding evidence of subsequent incidents of alleged assaults at the Barnes County Correctional Center.
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