Grager v. Schudar, et al.
Docket Info
- Title
- Michele DeeAnn Grager, Plaintiff and Appellant
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 - Case Type
- CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
- Appeal From
-
Case No. 06-C-00264
Southeast Judicial District, Barnes County
James M. Bekken
Highlight
An appellant assumes the consequences and the risks for failing to provide a complete transcript of proceedings in the trial court, and if the record on appeal does not provide for a meaningful and intelligent review of an issue, the supreme court may decline to review the issue.
On appeal, jury instructions must be viewed as a whole, and if they correctly advise the jury of the law, they are sufficient although parts of them, standing alone, may be erroneous and insufficient.
Generally, one who consents to conduct that would otherwise be an intentional tort cannot recover damages for that conduct.
An adult prisoner's apparent consent to sexual conduct with a jailer imposes neither absolute liability on the jailer nor a complete bar to recovery in the prisoner's civil action premised upon the sexual conduct.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Howard D. Swanson - 04075 |
| APPELLANT | PRO SE | Michele DeeAnn Grager |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/19/2008 | NOTICE OF APPEAL : 11/18/2008 | |
| 2 | 11/19/2008 | ORDER FOR TRANSCRIPT : 11/18/2008 | |
| 3 | 12/02/2008 | Petition In Forma Pauperis to Waive Filing Fee | |
| 4 | 12/02/2008 | ACTION BY CLERK (Pet/In/Forma/Pauperis) - Granted | |
| 5 | 12/09/2008 | RESET DUE DATE OF APPELLANT'S BRIEF - TRANSCRIPT PREPARATION SUSPENDED. | |
| 6 | 12/09/2008 | ACTION BY CLERK (MAT - transcript preparation suspended) - Granted : 12/29/2008 | |
| 7 | 12/22/2008 | RECORD ON APPEAL (3 Vol.) including separate exhibits and depositions (Nos 139 & 140 were not sent) | |
| 8 | 12/28/2008 | MOT. EXT/TIME APPELLANT BRIEF | |
| 9 | 12/28/2008 | E-FILED MOTION - MAT | |
| 10 | 12/29/2008 | ACTION BY CLERK - MAT - Granted : 01/28/2009 | |
| 11 | 01/26/2009 | DISK-ATB (E-MAILED) | |
| 12 | 01/29/2009 | APPELLANT BRIEF (see replacement ATB filed 2-11-09) | |
| 13 | 01/30/2009 | MOT. EXT/TIME APPELLANT BRIEF (letter dated 1/29/09) | |
| 14 | 01/30/2009 | ACTION BY CHIEF DEPUTY CLERK (mat) - Granted : 01/29/2009 | |
| 15 | 02/06/2009 | DISK - CORRECTED ATB (E-MAILED) | |
| 16 | 02/11/2009 | CORRECTED APPELLANT BRIEF | View |
| 17 | 02/11/2009 | APPELLANT APPENDIX | |
| 18 | 02/25/2009 | Supplemental Clerk's Certificate dated 2-24-09 (Entry No. 215--original TRA dated 8-14-08) | |
| 19 | 03/12/2009 | APPELLEE BRIEF (Kevin Schudar)(e-filed) | View |
| 20 | 03/12/2009 | E-FILED BRIEF (AEB)(Schudar) | |
| 21 | 03/12/2009 | APPELLEE APPENDIX (Kevin Schudar)(e-filed) | |
| 22 | 03/12/2009 | E-FILED APPENDIX (AEA) (Schudar) | |
| 23 | 03/12/2009 | APPELLEE BRIEF (Barnes Co.) | View |
| 24 | 03/13/2009 | DISK - aeb (Barnes Co.) (CD-ROM) | |
| 25 | 03/13/2009 | Received $55 surcharge for AEB & AEA (Schudar) | |
| 26 | 03/12/2009 | Received 7 copies of AEB from CSD | |
| 27 | 03/12/2009 | Received 6 copies of AEA from CSD | |
| 28 | 04/07/2009 | APPEARANCES: Michele Grager/Randall J. Bakke/Howard D. Swanson | |
| 29 | 04/07/2009 | ARGUED: Grager/Bakke/Swanson | |
| 30 | 04/07/2009 | ORAL ARGUMENT WEBCAST | |
| 31 | 07/21/2009 | DISPOSITION | |
| 32 | 07/21/2009 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 33 | 07/21/2009 | Costs on appeal taxed in favor of Appellant | |
| 34 | 07/22/2009 | Judgment E-Mailed to Parties | |
| 35 | 07/31/2009 | PETITION FOR REHEARING - Schudar (e-filed) | View |
| 36 | 07/31/2009 | E-FILED BRIEF (PER) - Schudar | |
| 37 | 08/03/2009 | Received 7 copies of PER from Central Duplicating. | |
| 38 | 08/04/2009 | PETITION FOR REHEARING - Barnes County (e-filed) | View |
| 39 | 08/04/2009 | E-FILED BRIEF (PER) - Barnes County | |
| 40 | 08/04/2009 | Received 7 copies of PER - Barnes County from Central Duplicating | |
| 41 | 08/27/2009 | Substitute Opinion Pages 9, 10, 11, & 12 (Change was in paragraph 19 on page 9, however it changed | |
| 42 | 08/27/2009 | the pagination of pages 10, 11, & 12.) | |
| 43 | 08/27/2009 | Order Mailed to Parties | |
| 44 | 08/27/2009 | ACTION BY SUPREME COURT (Pet/Rehearing) - Denied | |
| 45 | 08/27/2009 | ACTION BY SUPREME COURT (Pet/Rehearing 2nd party) - Denied | |
| 46 | 09/10/2009 | MANDATE | |
| 47 | 09/22/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 48 | 10/19/2020 | EXPUNGED - Nonpermanent record items destroyed |