Holkesvig v. Welte

20100315 Randy Holkesvig, Plaintiff and Appellant
v.
Peter David Welte, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Wickham Corwin
Nature of Action: Other (Civil)
Counsel:
Appellant: Pro se
Appellee: Daniel Lee Gaustad
Term: 06/2011   Argument: 06/29/2011  1:30pm
ND cite: 2011 ND 161
NW cite: 801 N.W.2d 712

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
l. Did the District Court err by granting summary judgment dismissal on 8-25-10?
II. Is absolute prosecutorial immunity, absolute witness immunity, qualified immunity, and discretionary immunity a legal, ethical and justifiable defense? Ill. Does judicial estoppel apply in this case?
IV. Does my 4th and 14th Amendments to the U.S. Constitution, along with Title 42 U.S.C.  1983, offer' any protection from malicious prosecution, malice, false arrest, and false imprisonment charges?
V. Whether the Due Process Rights were violated at the Court Hearings on 4-23-10, 8-25-10 and 2-1-11.
VI. Whether the District Court abused its discretion by awarding attorney's fees and by implying that the Plaintiffs claims were frivolous, when in fact the Summary Judgment and Statement of Costs from 8-25-10, as well as the Memorandum and Order and Amended Judgment from 2-1-11, was improper because genuine issues of material fact existed and the Defendant's claims contain false information.

Reply Brief Issues:
1. Whether false and misleading information was used to violate my civil rights?
2. Did the Plaintiff establish essential elements to support his claims?

Appellee's Statement of the Issues:
I. Did the trial court properly dismiss the Plaintiff's claims against Defendants Peter Welte and Meredith Larson because of absolute prosecutorial immunity since Plaintiff's claims concern their actions in successfully prosecuting the underlying criminal case against the Plaintiff?
II. Did the trial court properly dismiss the Plaintiff's claims against Defendant Chris Smith because of absolute witness immunity since Plaintiff's claims concern Smith action providing evidence in the underlying criminal case?
III. Did the trial court properly dismiss the Plaintiff's claims against the Defendants because of qualified immunity since none of the Defendants transgressed a bright line or violated a clearly established statutory or constitutional right of Plaintiff?
IV. Did the trial court properly dismiss the Plaintiff's claims against the Defendants because of discretionary immunity?
V. Did the trial court properly dismiss the Plaintiff's claims because of judicial estoppel since Plaintiff is pursuing civil liability in this case based on facts for which he plead guilty?
VI. Did the trial court properly dismiss the Plaintiff's claims because the Plaintiff did not establish essential elements of his claims?
VII. Did the trial court properly exercise its discretion by taxing costs and disbursements and attorneys' fees as a sanction?

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Docket entries:
109/22/2010 NOTICE OF APPEAL: 09/20/2010
209/22/2010 2nd NOA filed in trial court 9/20/10
309/22/2010 This case is consolidated w/20100316 & 20100317. Make all docket entries, except ROA, DIS, &
409/22/2010 MAN codes, in this case
510/13/2010 REQ. EXT/TIME APPELLANT BRIEF
610/14/2010 ACTION BY CLERK (MAT). Granted: 11/29/2010
710/18/2010 RECORD ON APPEAL (7 VOLUMES) & SEPARATES (ENTRY NOS. 34(DVD), 94 & 95).
810/25/2010 Supplemental Clerk's Certificate of Record dated October 20, 2010 (Entry No. 104).
911/19/2010 MOTION For Remand. RspDue: 12/09/2010
1011/19/2010 E-FILED MOTION
1111/19/2010 MOT. EXT/TIME APPELLANT BRIEF (sua sponte to allow response to Motion for Remand)
1211/23/2010 E-mail notice from Dan Gaustad that he will be responding and using his full time.
1311/23/2010 ACTION BY CHIEF JUSTICE (MAT). Granted: 12/20/2010
1412/03/2010 Response Filed to Motion to Remand
1512/03/2010 EFILED RESPONSE
1612/08/2010 Reply to Response
1712/15/2010 ACTION BY SUPREME COURT (MOT for Remand). Granted
1812/15/2010 ORDER OF REMAND
1912/15/2010 Order/Judgment Sent to Parties
2002/11/2011 Second Notice of Appeal filed in the trial court on February 11, 2011.
2102/18/2011 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand)
2202/18/2011 ACTION BY CLERK. Granted: 03/23/2011
2302/18/2011 Clerk of District Court notified ROA due no later than 3/23/2011
2402/21/2011 MOTION FOR STAY. RspDue: 03/07/2011
2502/21/2011 E-FILED MOTION
2602/22/2011 Further information received from Mr. Holkesvig on Motion for Stay
2703/03/2011 Response Filed to Motion for Stay
2803/03/2011 EFILED RESPONSE
2903/03/2011 Originally ANT due to withdrawal of motion for stay
3003/03/2011 MOT. EXT/TIME APPELLANT BRIEF
3103/03/2011 ACTION BY CHIEF JUSTICE (MAT). Granted: 04/25/2011
3203/07/2011 MOTION TO REINSTATE MOTION FOR STAY
3303/07/2011 ACTION BY CHIEF JUSTICE (motion to reinstate motion for stay). Granted
3403/09/2011 ACTION BY SUPREME COURT (Mot/Stay/Appeal). Denied
3503/10/2011 Order Denying Motion for Stay Sent to Parties
3604/01/2011 Electronic RECORD ON APPEAL (entry nos. 1 - 173) (Refiled)
3704/11/2011 Supplemental Clerk's Certificate dated 4-6-11 (Attachments to Entry Nos. 34 & 47) (Electronic)
3804/11/2011 APPELLANT BRIEF
3904/11/2011 APPELLANT APPENDIX
4004/14/2011 DISK - e-mailed
4104/14/2011 Returned one copy of the ATB to Mr. Holkesvig
4204/15/2011 Electronic Clerk's Supplemental Certificate of Appeal dated 4-15-11(Entry No. 179)
4304/15/2011 Order for Transcript
4404/20/2011 Electronic Clerk's Supplemental Certificate of Appeal dated 4-20-11 (Entry no. 185 - NOTE:)
4504/20/2011 #186 is Supplemental Certificate)
4604/25/2011 Transcript dated August 25, 2010 & C.O.S.
4704/25/2011 DISK - tra (8/25/10) (e-mailed)
4804/26/2011 Transcripts dated April 23, 2010 & February 1, 2011 & C.O.S. (originals in ROA)
4904/26/2011 DISK - TRA (4/23/10 & 2/1/11) (e-mailed)
5005/13/2011 APPELLEE BRIEF (e-filed)
5105/13/2011 E-FILED BRIEF (AEB)
5205/13/2011 APPELLEE APPENDIX (e-filed)
5305/13/2011 E-FILED APPENDIX (AEA)
5405/17/2011 Received 7 copies of AEB from CSD
5505/18/2011 Received copies of AEA from CSD
5605/18/2011 Received surcharge for AEB & AEA (Receipt #20321)
5705/20/2011 NOTICE OF ORAL ARGUMENT SENT
5805/23/2011 REPLY BRIEF of Appellant
5905/23/2011 DISK - RYB (e-mailed)
6006/29/2011 APPEARANCES: Randy Holkesvig; Daniel L. Gaustad
6106/29/2011 ARGUED: Randy Holkesvig; Daniel L. Gaustad
6206/29/2011 ORAL ARGUMENT WEBCAST
6308/18/2011 DISPOSITION: AFFIRMED
6408/18/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
6508/18/2011 Costs on Appeal taxed in favor of Appellees
6608/19/2011 Judgment E-mailed to Parties
6708/27/2011 PETITION FOR REHEARING of Appellant
6808/27/2011 Appendix for Petition for Rehearing
6908/27/2011 DISK - PER (e-mailed)
7009/15/2011 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
7109/19/2011 Petition for Motion to Stay Pending Writ of Certiorari
7209/19/2011 ACTION BY CLERK (Pet/Mot/Stay/Pending/Writ of Certiorari). Granted: 10/22/2011
7309/29/2011 Electronic Supplemental Clerk's Certificate dated 9-28-11 (Entry Nos. 187-201)
7410/20/2011 Request for Ext. of Time for Stay of Mandate, entitled "Response as to Why Writ of Certiorari
7510/20/2011 Hasn't Been Submitted Within 30 Days"
7610/21/2011 ACTION BY CHIEF JUSTICE (Req/Ext/Time/Stay/Mandate). Granted: 11/15/2011
7710/24/2011 Supplemental Clerk's Certificate of Electronic Record dated October 21, 2011 (Entry Nos. 202-218).
7810/24/2011 Supplemental Clerk's Certificate of Electronic Record dated October 21, 2011 (Entry Nos. 219-221).
7910/27/2011 Supplemental Clerk's Certificate of Electronic Record dated 10/26/11 (Entry Nos. 222-229).
8010/27/2011 No docket Entry No. 226 or corresponding document-Entry Error.
8111/18/2011 MANDATE

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